Are we in trouble...?

[rahulv 4]

You have only one choice................

1. File for AOS together with EAD/AP, ASAP no matter how you get the money borrow, sell cakes, sell furniture, pawn jewellery, wash cars, or whatever arrange that 1070 + the cost of postage and the cost involved in photocopy etc, file it the first thing. Do not worry about I-864, You can still file using last 3 years tax which show that your husband was 125% above poverty line. But without filing for AOS you will get nowhere and will not be able to help your husband financially at all.

2. Start understanding the whole AOS/ROC and naturalization process and carefully plan for it moving forward and start collecting all that money so you don't have to be in this kind of situation again.

Good luck. Wish I could buy couple of your cakes to help you.

[Dan & Jenni 457]

@Nik+Heather: Unfortunately, there is literally NO public transportation where I live, and all our friends are college students so always busy/out of gas. The job possibility I may have depends on me having a car.

i was in georgia at christmas and that is where i will be moving to once i get my visa and i totally agree with you... there is no public transport whatsoever lol. everything is too far away to walk and the only means of getting around is by car. i cant offer any advice to you but i wish you all the best in finding a solution to your problems. try not to let it all get you down ok

[JohnandWendyB 21]

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...

If he is bringing in that much unless you have alot of dependents I would not think you would qualify for food stamps. I also think food stamps are one of those means-tested federal benefits which are a HUGE NO NO and would label you a ward of the state. I would suggest trying to put off some bills or talk to your landlord about rent or some other method of coming up with the money quick. You need the AOS. I don't know if you would be safe from serious problems or not but I don't see how this is going to get any better any time soon unless your hubby finds a great job right out of active duty or you get that job. Can you maybe try to do some babysitting? Like just here and there (regular daily daycare probably would not work as the person would have to use the daycare credit on taxes). Can you do odd jobs or something to pull a little money in? By the time it would have to be reported to taxes you could have all your arrangements in place and file no problem.

[Alicey 6]

I'm starting to get tired of comments that are unhelpful or downright rude. I came here for advice. I didn't come here to be told that my husband spent too much on a truck or have it implied that he isn't trying hard enough to find work or that this is our own fault. We are 21 and 20 years old and have done this entire process alone. We've had no one give us any help whatsoever, financial or otherwise. No one has supported us: in fact, my family have tried to stop us. A few mistakes were going to be made. The majority of the comments have been extremely helpful and for that, I thank you. But to the minority that aren't: please stop assuming that we're just sitting around doing nothing but spending money unnecessarily, or we just didn't bother to read the paperwork. And if you really have nothing nice to say, maybe it's best if you say nothing at all.

[Dan & Jenni 457]

I'm starting to get tired of comments that are unhelpful or downright rude. I came here for advice. I didn't come here to be told that my husband spent too much on a truck or have it implied that he isn't trying hard enough to find work or that this is our own fault. We are 21 and 20 years old and have done this entire process alone. We've had no one give us any help whatsoever, financial or otherwise. No one has supported us: in fact, my family have tried to stop us. A few mistakes were going to be made. The majority of the comments have been extremely helpful and for that, I thank you. But to the minority that aren't: please stop assuming that we're just sitting around doing nothing but spending money unnecessarily, or we just didn't bother to read the paperwork. And if you really have nothing nice to say, maybe it's best if you say nothing at all.

[Alicey 6]

Haha, thanks, Dan & Jenni.

@JohnandWendyB: Actually, I'd assumed I wouldn't be allowed to babysit, etc! I'll look into that. I'll do anything I can (legally) to get some money uptogether. I'll start looking for some nice rich folk who need their houses cleaned/dogs walked/kids babysat/cars washed, haha.

[Liz and Miguel 3]

I think it's worth a try to submit a fee waiver petition, which immigration accepts for the processing of I 485 in extenuating circumstances. It's understandable that a couple starting out and possibly having just paid for a wedding would not have an extra $1000, especially on one income considering the other partner cannot work. I am considering doing this with my partner, and I talked to a pro bono immigration attorney who provided me with a basic fee waive petition template. I think it's worth a try. I guess the only catch is if you submitted the I 134 paperwork declaring your fiscal responsibility for your partner.

[VanessaTony 3,567]

Haha, thanks, Dan & Jenni.

@JohnandWendyB: Actually, I'd assumed I wouldn't be allowed to babysit, etc! I'll look into that. I'll do anything I can (legally) to get some money uptogether. I'll start looking for some nice rich folk who need their houses cleaned/dogs walked/kids babysat/cars washed, haha.

Well actually technically you're NOT allowed to babysit because you're working and earning money without a work permit...

[ceadsearc 516]

Actually, since they have passed the visa hurdle this year, I assumed that meant they had tax returns which showed the right amount of income for her visa to be approved. How is income proven in the I-864? With tax returns. Her husband's current income is above the poverty line as well. These are just more and more reasons in addition to the expiring medical to get that AOS in now before they have to show their earnings for 2011, which I agree is not going to look very good.

Ah, I was under the impression his current earnings were not sufficient. I know they look at tax returns for the previous year for the affidavit of support, but I was under the impression they also looked at recent pay stubs and a letter of employment, as things can change. At least, our IO specifically checked for those at our interview.

If he is active duty military, though, I believe they should only need to be at 100% of the poverty line, not 125%.

[JohnandWendyB 21]

Haha, thanks, Dan & Jenni.

@JohnandWendyB: Actually, I'd assumed I wouldn't be allowed to babysit, etc! I'll look into that. I'll do anything I can (legally) to get some money uptogether. I'll start looking for some nice rich folk who need their houses cleaned/dogs walked/kids babysat/cars washed, haha.

I don't know technically the legality of it or not. I know that is how alot of illegals get by. But you would be doing better than them since you would turn around and pay taxes on your income, of course, right?

[rlogan 2,036]

But we didn't have the option to find something cheap. $3000+ is as cheap as it gets.

You should not say things like that in an age where people can go to Craigslist and pull up page after page of ads in Atlanta alone with $3K as the top price. I found plenty for less than $1K that look like the cars or trucks I drive. There are 20 other craigslist advertising locations in the region.

Edited August 30, 2011 by rlogan

[Michael & Amy 3]

And we can't get out of our lease, so even if we did live with his family, we'd still have to pay rent here

Alicey, if you *are* interested in finding alternate living arrangements... I know lease contracts are pretty frustrating in the US (you should see the ironclad contract in Texas!) However, I've had great luck in subleasing/subletting units in the past. I've even seen money made on the deal, given the right circumstances! (College town, half semester.) I highly recommend Craigslist; there is a special section for that. I've rented several times through there, on each side of the equation. (I hate signing long-term contracts!)

-Check the contract. You may be able to get out of your lease by having someone assume the contract, possibly by paying the managing company an "administrative processing fee" and another application fee on the new person.

-If a no-go on the contract with the complex, I've had fine luck by collecting the agreed-upon rent and then paying the apartment myself, although you might have tto register them as a 'guest' according to the terms of your contract.

You guys sound like hard workers; your hard work will bring success sure enough. Good luck with all the other avenues, as well. All the best.

[JohnandWendyB 21]

Could he enlist in active duty? Then he would make enough long term.

[patient2010 93]

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.

[ceadsearc 516]

Some people here are giving really bad advice and violating the Visa Journey terms of service by suggesting the OP work illegally.

You CANNOT work without work authorization or a green card. Period. That means anything that you get paid for. You cannot babysit, you cannot work in a restaurant, nothing. That is the unfortunate truth. Despite what you see here, you DO need papers even just to babysit. Yes, many people do it anyway but it is still illegal and you would not be able to count that income towards an affidavit of support anyway.

Additionally, the idea that babysitting is non-taxable income (even when done legally) is false. Babysitting, like any other job, is taxable. Unlike a job through a large company where taxes are taken up front, however, many babysitters and nannies instead pay at the end of the year.

Edited August 30, 2011 by ceadsearc