Are we in trouble...?

[Alicey 6]

Hi there,

My husband and I married on 26th June. My K-1 visa expired (I had to be married before) 10th July, but we've not been able to file for AOS because we haven't had the money. It's over $1300 and we just don't have that. Here's the problem.

My husband is employed in the National Guard but makes well under the poverty line because he's not on active duty orders. He had a job for about two months working in a school and making $1800/month but the school closed down and he not only lost his job, they weren't able to pay him for his last month's work. So he made less than $1800 and every penny of it went to paying bills and rent, and fixing his truck.

All of our money is gone. We were both students, so we didn't have a lot to begin with. Between us, we have less than $800. He's currently on active duty orders, making $2650/month, but he'll only be on active duty for two months; he hasn't been paid yet; and even when he is paid he owes his brother-in-law nearly $2000 for yet more truck repairs. We had to apply for food stamps recently (I know, probably a BIG mistake) because we literally had no choice: we couldn't afford to eat.

Now I'm in a horrible situation. I can't work because I haven't filed the forms. I can't file the forms which would enable me to work because we can't afford it. I can't afford it because I can't work. I can't work because... And on and on. Neither of us have any support from anyone (his family are extremely broke; my family are loaded but aren't in the slightest bit interested in helping me out).

When we initially filed the petition, we were sort of in the same situation. My husband was a full-time college student and making less than $300/month. The difference was, he had just received a big bonus from the army, so he had more than $9000 sitting in his bank account. I was working full-time, and on top of that I had around $3000 saved up. Now every penny has gone to rent; medical bills (we don't have health insurance); vet bills; yet more truck repairs; utility bills; visa fees; my flight out here; and the wedding.

What can we do? I read somewhere on the USCIS website that the fee for one (maybe more?) of the AOS forms may be waived under certain circumstances, but how can we prove that I'm not going to become a ward of the state when we can't even afford to pay for the forms? How can we prove that he can support me? As I've said, we have no one who can co-sponsor me. Are we going to be in trouble regardless, because we've left it so late to file the forms? What's going to happen to us now?

Today I have had a job offer. I will be making around $1400/month before tax, maybe a little more. But guess what, I can't work until those forms have gone through, WONDERFUL. Is there some way of telling them "look, I may have no money now, but that's largely because I'm not allowed to work. As SOON as these forms go through, I will be working and I can support myself" ?

My head hurts. I feel like crying. I just got the job this morning and it's my dream job. Instead, it's brought up all this legal ####### with forms and it's making me wonder whether they're even going to let me stay in the US. I don't know what to do...

[Inky 1,111]

There is one fee for AOS, the fee is $1070. That includes EAD and AP with the AOS.

Not sure how you get over $1300 for AOS filing from a K-1.

[belinda63 3,041]

Maybe get a loan, his parents or brother could co-sign?

[krautlaus 7]

Hi there,

My husband and I married on 26th June. My K-1 visa expired (I had to be married before) 10th July, but we've not been able to file for AOS because we haven't had the money. It's over $1300 and we just don't have that. Here's the problem.

My husband is employed in the National Guard but makes well under the poverty line because he's not on active duty orders. He had a job for about two months working in a school and making $1800/month but the school closed down and he not only lost his job, they weren't able to pay him for his last month's work. So he made less than $1800 and every penny of it went to paying bills and rent, and fixing his truck.

All of our money is gone. We were both students, so we didn't have a lot to begin with. Between us, we have less than $800. He's currently on active duty orders, making $2650/month, but he'll only be on active duty for two months; he hasn't been paid yet; and even when he is paid he owes his brother-in-law nearly $2000 for yet more truck repairs. We had to apply for food stamps recently (I know, probably a BIG mistake) because we literally had no choice: we couldn't afford to eat.

Now I'm in a horrible situation. I can't work because I haven't filed the forms. I can't file the forms which would enable me to work because we can't afford it. I can't afford it because I can't work. I can't work because... And on and on. Neither of us have any support from anyone (his family are extremely broke; my family are loaded but aren't in the slightest bit interested in helping me out).

When we initially filed the petition, we were sort of in the same situation. My husband was a full-time college student and making less than $300/month. The difference was, he had just received a big bonus from the army, so he had more than $9000 sitting in his bank account. I was working full-time, and on top of that I had around $3000 saved up. Now every penny has gone to rent; medical bills (we don't have health insurance); vet bills; yet more truck repairs; utility bills; visa fees; my flight out here; and the wedding.

What can we do? I read somewhere on the USCIS website that the fee for one (maybe more?) of the AOS forms may be waived under certain circumstances, but how can we prove that I'm not going to become a ward of the state when we can't even afford to pay for the forms? How can we prove that he can support me? As I've said, we have no one who can co-sponsor me. Are we going to be in trouble regardless, because we've left it so late to file the forms? What's going to happen to us now?

Today I have had a job offer. I will be making around $1400/month before tax, maybe a little more. But guess what, I can't work until those forms have gone through, WONDERFUL. Is there some way of telling them "look, I may have no money now, but that's largely because I'm not allowed to work. As SOON as these forms go through, I will be working and I can support myself" ?

My head hurts. I feel like crying. I just got the job this morning and it's my dream job. Instead, it's brought up all this legal ####### with forms and it's making me wonder whether they're even going to let me stay in the US. I don't know what to do...

I agree with the previous poster, you might want to think about taking out a loan just to pay for this- Then, you'll find work and you'll be able to pay it off in a short matter of time.

Also, have you thought about just filing for the EAD for now? That is much less money and you might be able to accept jobs within the next two to three months! That's what I would do. Find those couple hundred dollars ($380 I guess) to file I-765 and find work so you can afford the AOS. There's always a way to cut down costs and save a couple of dollars each week!

Good luck!

[Deputy Purple 1,294]

I agree with the previous poster, you might want to think about taking out a loan just to pay for this- Then, you'll find work and you'll be able to pay it off in a short matter of time.

Also, have you thought about just filing for the EAD for now? That is much less money and you might be able to accept jobs within the next two to three months! That's what I would do. Find those couple hundred dollars ($380 I guess) to file I-765 and find work so you can afford the AOS. There's always a way to cut down costs and save a couple of dollars each week!

I know Obama has basically put removals on hold but I didn't think he's offered EAD for everyone. The OP's authorized stay is over, she said so in her original post.

[Alicey 6]

Fees taken from the USCIS website around July: I-4865 $895; I-765 $380. Total = $1365, plus whatever cost I'm pretty sure they're going to throw in for the interview. Correct me if I'm wrong - please, make my day! - but judging by the cost of the intial K1 visa interview on TOP of the form fees I'm betting on that being $300 or more.

Neither of us are eligible for a loan (my husband was even denied a loan for $5000 for a new truck, which is how we spent over $5000 fixing his truck!) and his family don't make enough to even cosign a loan for us (I wasn't kidding when I said they're extremely broke).

[katie & sifa 25]

Fees taken from the USCIS website around July: I-4865 $895; I-765 $380. Total = $1365, plus whatever cost I'm pretty sure they're going to throw in for the interview. Correct me if I'm wrong - please, make my day! - but judging by the cost of the intial K1 visa interview on TOP of the form fees I'm betting on that being $300 or more.

Neither of us are eligible for a loan (my husband was even denied a loan for $5000 for a new truck, which is how we spent over $5000 fixing his truck!) and his family don't make enough to even cosign a loan for us (I wasn't kidding when I said they're extremely broke).

I will make your day - you are incorrect. If you came in on a K-1 the cost is $1070. I-485 is $985 plus $85 biometrics fee. If you came on a K-1 the EAD and AP are free to file. Not MUCH better, but a little! And there is no interview fee, IF you are even called for one.

Edited August 29, 2011 by katie & sifa

[Gosia & Tito 199]

Hi there,

My husband and I married on 26th June. My K-1 visa expired (I had to be married before) 10th July, but we've not been able to file for AOS because we haven't had the money. It's over $1300 and we just don't have that. Here's the problem.

My husband is employed in the National Guard but makes well under the poverty line because he's not on active duty orders. He had a job for about two months working in a school and making $1800/month but the school closed down and he not only lost his job, they weren't able to pay him for his last month's work. So he made less than $1800 and every penny of it went to paying bills and rent, and fixing his truck.

All of our money is gone. We were both students, so we didn't have a lot to begin with. Between us, we have less than $800. He's currently on active duty orders, making $2650/month, but he'll only be on active duty for two months; he hasn't been paid yet; and even when he is paid he owes his brother-in-law nearly $2000 for yet more truck repairs. We had to apply for food stamps recently (I know, probably a BIG mistake) because we literally had no choice: we couldn't afford to eat.

Now I'm in a horrible situation. I can't work because I haven't filed the forms. I can't file the forms which would enable me to work because we can't afford it. I can't afford it because I can't work. I can't work because... And on and on. Neither of us have any support from anyone (his family are extremely broke; my family are loaded but aren't in the slightest bit interested in helping me out).

When we initially filed the petition, we were sort of in the same situation. My husband was a full-time college student and making less than $300/month. The difference was, he had just received a big bonus from the army, so he had more than $9000 sitting in his bank account. I was working full-time, and on top of that I had around $3000 saved up. Now every penny has gone to rent; medical bills (we don't have health insurance); vet bills; yet more truck repairs; utility bills; visa fees; my flight out here; and the wedding.

What can we do? I read somewhere on the USCIS website that the fee for one (maybe more?) of the AOS forms may be waived under certain circumstances, but how can we prove that I'm not going to become a ward of the state when we can't even afford to pay for the forms? How can we prove that he can support me? As I've said, we have no one who can co-sponsor me. Are we going to be in trouble regardless, because we've left it so late to file the forms? What's going to happen to us now?

Today I have had a job offer. I will be making around $1400/month before tax, maybe a little more. But guess what, I can't work until those forms have gone through, WONDERFUL. Is there some way of telling them "look, I may have no money now, but that's largely because I'm not allowed to work. As SOON as these forms go through, I will be working and I can support myself" ?

My head hurts. I feel like crying. I just got the job this morning and it's my dream job. Instead, it's brought up all this legal ####### with forms and it's making me wonder whether they're even going to let me stay in the US. I don't know what to do...

Ok, first you need to calm down and think through this (not easy I know....but you must).

Some pople take forever to AOS, so no , you will not be deported or asked to leave the country;

as for the AOS fees, I am looking at this myself, because I did see that there is a waiver.

In many cases, companies/organizations are ok to wait for your legal documentation to be available; I had this same issue many years ago and they waited 3 months in my case. SO, get back to them and explain exactly what your situation is and how you are solving it. Make sure they understand (many organizations don't really understand immigration matters) your working papers will happen by virtue of the AOS and is pretty much an automatic thing and is just a matter of time.

The forms for AOS specifically have a waive of the fee for financial hardship conditions (as I said, I've read them myself and I am investigating what that means, our AOS will be possible in about 4-5 weeks), which seems what you have. I do not know how is the acceptance rate of this waiver, but I also do believe that they would not assume anything and the main reason you are asking for this waiver is so you can work asap and NOT become a warden of the state.

Once filed, I'd also see about an Infopass to resolve the EAD as quick as possible. In many cases that is processes locally, meaning in the city where you are (assuming a major metropolitan area)

Now, I'd still make arrangements for a loan as other suggested, and have that as your backup plan. By that, I do not mean to take the loan or even have it ready to take the money; but to check with your local bank (or your husband's) on the likelihood of such a loan, the terms, etc; in such a way that you could quickly fill the application and get the funds if the waiver is not granted.

Good luck, and calm down; at least one of you two needs to be not in panic.

[Gosia & Tito 199]

Fees taken from the USCIS website around July: I-4865 $895; I-765 $380. Total = $1365, plus whatever cost I'm pretty sure they're going to throw in for the interview. Correct me if I'm wrong - please, make my day! - but judging by the cost of the intial K1 visa interview on TOP of the form fees I'm betting on that being $300 or more.

Neither of us are eligible for a loan (my husband was even denied a loan for $5000 for a new truck, which is how we spent over $5000 fixing his truck!) and his family don't make enough to even cosign a loan for us (I wasn't kidding when I said they're extremely broke).

The truck can be a co-lateral for the loan; depends on blue book value and the bank.

The AOS is only 1070, the EAD and AP is at no cost if you file together. No cost for interviews

[krautlaus 7]

I know Obama has basically put removals on hold but I didn't think he's offered EAD for everyone. The OP's authorized stay is over, she said so in her original post.

Did I say they're going to throw the EAD after her? No, she will have to apply for it and she will have to wait her turn but generally, EADs don't take nearly as long as K-1s or AOS for that matter..

Besides, her K-1 visa is expired, correct. She has married within the 90 days.. that's all that counts. Filing AOS you can always do even after the K-1 expires - you're just sorta out of status.

Anyway, why not just apply for EAD for now? I don't see the problem...

[Gosia & Tito 199]

I know Obama has basically put removals on hold but I didn't think he's offered EAD for everyone. The OP's authorized stay is over, she said so in her original post.

She said she married before the K-1 expired. Thus, she is ok

[cutie bear 2]

If you file your AOS that would cost $1070 and you don't have to pay anything for the EAD and AP, as long as you have signed all 3 (I-485, I- 765, I-131) then you are good to go. Why don't you try seeking the help of your congressman? I agree with the previous post to check if you can get a loan just to pay for the AOS I think that's the most important. Without it you cannot start with finding a job, etc.

[Deputy Purple 1,294]

Did I say they're going to throw the EAD after her? No, she will have to apply for it and she will have to wait her turn but generally, EADs don't take nearly as long as K-1s or AOS for that matter..

Besides, her K-1 visa is expired, correct. She has married within the 90 days.. that's all that counts. Filing AOS you can always do even after the K-1 expires - you're just sorta out of status.

Anyway, why not just apply for EAD for now? I don't see the problem...

She said she married before the K-1 expired. Thus, she is ok

What am I missing? If she applies for EAD before AOS then even if it is approved it would expire with her I-94, right?

BTW, her K-1 hasn't expired, she used her K-1 for the single entry it allowed. Her I-94 has expired and that is the crux of her problem applying for EAD now.

[LIFE'SJOURNEY 970]

Did I say they're going to throw the EAD after her? No, she will have to apply for it and she will have to wait her turn but generally, EADs don't take nearly as long as K-1s or AOS for that matter..

Besides, her K-1 visa is expired, correct. She has married within the 90 days.. that's all that counts. Filing AOS you can always do even after the K-1 expires - you're just sorta out of status.

Anyway, why not just apply for EAD for now? I don't see the problem...

YES, there is a problem, here EAD would only be good until the expiration date on the 194. Therefore if the 194 has lapse, then she will not be given an EAD unless it is filed within the process of the AOS.

[Deputy Purple 1,294]

YES, there is a problem, here EAD would only be good until the expiration date on the 194. Therefore if the 194 has lapse, then she will not be given an EAD unless it is filed within the process of the AOS.

That's what I thought...