Are we in trouble...?

[Casprd 167]

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

Gaaa. The K-1 "expired" the minute she entered the country As soon as she passed the POE that visa was dead, kaput, no more. She had an authorized stay of 90 days by which time she had to either be married or leave the country. They married so no she is a resident with no status, hence the Adjustment of Status step. The OP is not and will not be under any threat of deportation for not having adjusted status unless they were to do something silly like get arrested and then it wouldn't matter if they had adjusted or not anyway.

As a previous poster said. Take a deep breath and look at your options. Get a loan to pay for AOS. Try to get the AOS fee waived, Apply for EAD and AP without applying for AOS. All three are options and you can/should go ahead and apply for EAD/AP now and talk to the bank now while trying to get the fee waiver for AOS. The bigger concern with AOS is going to be the Affidavit of Support which it sounds like your husband doesn't meet the requirements for this now. So first things first, put yourself in a position where you can legally work and take that burden off the table.

[krautlaus 7]

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 true. Her I-94.. well tough luck. You'll have to try and find a solution and not sit down and mope and discard ideas without trying - I applied for at least 20 credit cards before I got one with a $300 limit.... there's always a way. You'll find yours. Maybe your husband should think about taking on a couple of day jobs or finding a different job entirely if you cannot even his current job just won't cut it.

Edited August 29, 2011 by krautlaus

[LIFE'SJOURNEY 970]

My suggestions, have a yard sale, have hubby to do odd Saturdays pay for cah jobs, because without the EAD for you, there will be no employment.

Talk to your family, this maybe a time for healing.

[Ontarkie 14,324]

I think your husband need to hold off paying his brother back just a bit longer so he can get the papers filed asap. With you working you then could pay back your brother-in-law and if by the time you get an rfe for a co sponsor you should be able to submit your income also with your husbands to complete the forms. Hope I got that right someone will correct me if I'm wrong.

[Inky 1,111]

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).

Sorry your wrong. AOS is only $1070 like I said. You need to read the papers properly. THERE IS NO FEE FOR 765 when filing with AOS. There is no interview fee no extra fee. The fee is $1070.

[Damian&Kelly 16]

If you wait longer to file it will cost more as the medical from the k-1 is only good for 1 year so you'd have to have a whole new medical.

[ceadsearc 516]

You mentioned food stamps - I am assuming your spouse applied for them and did not count you in the household size in order to get approval? As a non-resident, you are not eligible for food stamps and it will only be more difficult to prove to USCIS that you will not become a ward of the state if you are already on government assistance before even applying for AOS.

[Alicey 6]

Thanks everyone for such fast responses, it's a great help. I'm getting a few different ideas here.

Seems like some of you are suggesting I file for the EAD/AP (although... What does AP stand for, again?) now and worry about AOS later. That sounds like the best option to me. But long-term, it's more expensive, right? Because if I file for EAD/AOS together I only pay for the AOS ($1070), but if I file separately I pay for both (AOS $1070, EAD $380, total $1450)? It doesn't matter - we definitely don't have $1070 right now but we can maybe find $380 - but I'd just like to know for sure.

But then there also seems to be some concensus that I can't file for the two separately? If anyone could clarify this for me, I'd be really grateful.

@krautlaus: When my husband was employed at the school, he worked 60+ hour weeks and frequently worked unpaid overtime. The same day that he found out the school would be closing, two weeks before it actually happened, he sent out resumes to every bar; restuarant; fast food chain; bank; real estate agent; store; everything; in town. He has not stopped looking for another job since. Before that, he was a full-time college student and was unauthorised to take on another job because of his employment in the National Guard. Now he's on active duty orders he's only working an hour away from our home, but instead of coming home every night he's staying with his sister so that he doesn't have to spend money on gas. He works extremely hard and makes great sacrifices to keep a roof over my head. It's not like he's sitting about just not even trying to 'take on a day job'.

@life'sjourney: We do have a set of couches that we're trying to sell, actually (we have a housemate, who has a better couch than ours, and there's not room for all of them. And ours are ugly!). If they could only go, it would be a great help. Sadly, it's not a case of 'healing' anything with my family. We're on perfect speaking terms, they're just very selfish people. Apparently redecorating a bedroom is more important than ensuring their daughter has means to work/eat/pay rent.

Edited August 29, 2011 by Alicey

[LIFE'SJOURNEY 970]

Alicey, please note if your 194 has expired, you can not file for an EAD seperate form the AOS process.

[LIFE'SJOURNEY 970]

Not sure what area you live in but;

If you are good in craft, then try to do some projects that you and hubby can sell at local fairs, and markets over the weekends for extra cash.

[ceadsearc 516]

You are right that the fee for the EAD would be separate in the short-term but more expensive overall in the long run. However, unless you are filing concurrently with AOS, you will not be approved for an EAD if your I-94 has expired since technically, your authorized stay in the country has ended. I would concentrate on continuing to try to come up with the $1070 as well as finding a job or co-sponsor to allow you to file the I-864 rather than wasting money on an application that will likely be denied.

[Alicey 6]

Thanks for clearing that up. Oh, I'm selling cakes on the side! Just waiting for my first order... Hmmmm.

What would be my best bet now, since time is a little sensitive? Applying for a loan to cover the AOS costs, or trying to get the fee waived? Of course, either could be rejected. At least the bank would be a little quicker to tell me I'd been rejected than USCIS!

FYI, this is the exact wording of the fee waiver guide on the USCIS website:

In addition, an applicant who does not have to show he or she will not become a public charge for admission or adjustment of status purposes according to section 212(a)(4) of the INA may request a waiver of the following fees:

......

....I-485 (This would include but not be limited to an I-485 from an Afghan or Iraqi interpreter who has received a Special Immigrant Visa, a “Registry” applicant, an asylee, Special Immigrant Juvenile, an application under the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, and the Nicaraguan Adjustment and Central American Relief Act, or similar provision, or; a Lautenberg Parolee), and

I'm worried about that "who does not have to show he or she will not become a public charge" part.

[LIFE'SJOURNEY 970]

Thanks for clearing that up. Oh, I'm Hubby is selling cakes on the side! Just waiting for my our first order... Hmmmm.

What would be my best bet now, since time is a little sensitive? Applying for a loan to cover the AOS costs, or trying to get the fee waived? Of course, either could be rejected. At least the bank would be a little quicker to tell me I'd been rejected than USCIS!

FYI, this is the exact wording of the fee waiver guide on the USCIS website:

In addition, an applicant who does not have to show he or she will not become a public charge for admission or adjustment of status purposes according to section 212(a)(4) of the INA may request a waiver of the following fees:

......

....I-485 (This would include but not be limited to an I-485 from an Afghan or Iraqi interpreter who has received a Special Immigrant Visa, a “Registry” applicant, an asylee, Special Immigrant Juvenile, an application under the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, and the Nicaraguan Adjustment and Central American Relief Act, or similar provision, or; a Lautenberg Parolee), and

I'm worried about that "who does not have to show he or she will not become a public charge" part.

Note the strick thru, you cannot provide any serice that indicates a monteary payment, but your husband can. You can bake the cakes, he sells.

[Alicey 6]

My mistake! Haha. I don't let him anywhere near the kitchen

[ceadsearc 516]

In addition, an applicant who does not have to show he or she will not become a public charge for admission or adjustment of status purposes according to section 212(a)(4) of the INA may request a waiver of the following fees:

......

....I-485 (This would include but not be limited to an I-485 from an Afghan or Iraqi interpreter who has received a Special Immigrant Visa, a “Registry” applicant, an asylee, Special Immigrant Juvenile, an application under the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, and the Nicaraguan Adjustment and Central American Relief Act, or similar provision, or; a Lautenberg Parolee), and

I'm worried about that "who does not have to show he or she will not become a public charge" part.

Certain people, like asylees, are exempt from having to file an I-864/Affidavit of Support (which says your sponsor(s) have the income to maintain your household at 125% of the poverty level and will pay back to government if you use means-tested benefits). Those people do not have to prove (with the I-864) that they will not become public charges. Everyone who does not fall into an exemption category does.