Are we in trouble...?

[william_wallace 8]

Do a garage sale to raise the money. Even I was surprised on how much money people give you for junk.

We normally do at least one a year. The last time, we got over $800 for why I thought was bloody good considering I would have binned it all.

[Jenifer2010 9]

Strip? (Relax everyone...just a little VJ funny)

[Justine+David 218]

For those who may search for this thread with similar situations, this is why the CR1 spousal visa is a much better option for many couples who are in these financial straits. The spouse has the ability to work from day 1. Unfortunately, it's not an option for some couples in certain countries and others wish to marry in the U.S., which is fine (that's what DH and I wanted to do), but you do so at a risk. It's best to have financial stuff sorted out before you come to the US so that you don't end up in this limbo.

To the OP, I wish you luck in getting the $$ for AOS as well as getting a co-sponsor. You're young and inexperienced; it's natural to make mistakes. Thank your husband for me for serving his country.

[OnMyWayID 1,489]

OP:

One suggestion I have not seen yet.. Go to a site such as prosper.com or sociallending.net or other peer2peer lending site . This is a site where there are two sets of users - those that borrow money and those that lend money. The person that wants to borrow money submits a credit report (not viewable to any but a rating is given) and then explains why they need the money. Users (they tend to be in groups) then bid to loan you the money with more bids lowering the interest rate. So.. Say you are borrowing 1,000.. A person or group might might bid for $100.00 dollars of the loan.. In the end the website loans you the money in one chunk and then they deal with the people doing the lending.. As you pay off the loan the website distributes that money back to the people that bid on the loan... So from your perspective you are only dealing with the website other than making the pitch to get people to bid on your loan.

People with current credit issues and unique circumstances use these type of sites for smaller loans. I think if you explain your current situation and show potential for future repayment (the main thing being your inability to work now that will soon be solved so money will be coming in) you will attract users/groups that see an opportunity.. You will likely pay a pretty high rate but you can pay it off sooner...

Anyway just one more option... Good luck to you.

Edited August 30, 2011 by OnMyWayID

[OnMyWayID 1,489]

From the prosper.com site (I have no vested interest in prosper - just giving you an idea - when you view loans they look almost like eBay auctions):

Create your loan

Creating a loan listing on Prosper is easy and only takes a few minutes.

You will be asked to fill out some personal information, which will help us to give you the best rate possible and protect you and others against fraud. We will check your identity and obtain your credit score. (This will not affect your current credit score.)

We'll then assign you a Prosper Score, which is based on your credit score from a credit bureau (Experian) and another score developed internally by Prosper. Your loan's interest rate will be based on your Prosper Score.

Now the fun begins: you create a custom loan listing by giving your listing a title and adding a description of your loan purpose and your financial situation.

Once your listing is live on Prosper, lenders will be able to view your listing and invest in it. At any time in this funding process, you can see the progress of your loan's funding.

The listing will stay active for 14 days. If it does not become fully funded within the 14-day period, you will need to start again and create a new listing.

Edited August 30, 2011 by OnMyWayID

[JimVaPhuong 4,863]

A lot of people are making this situation a lot more complicated than it is, so I'm going to sum up what's been said (or not said) that's correct:

Applying for EAD only: Nope. A K1 is eligible to apply for an EAD only until their I-94 has expired, and the EAD that was issued would expire when the I-94 expired. This would be pointless, and the OP is no longer eligible for this anyway. She can't get an EAD now until she files for AOS, and there's no guarantee she'd get it before she got her green card. My wife and step-kids got their EAD's five days before the AOS interview.

Working "on the side": As has been pointed out several times, this is illegal without work authorization. Selling stuff you own at a garage sale is ok. Selling stuff you make (like cakes) is a business, and is NOT ok. Would USCIS find out about it? Probably not. Would it make any difference if they did? Actually, no. There are two factors which are not relevant to someone adjusting status as an immediate relative of a US citizen - being out of status, and working without authorization. I'm not saying that she should work without authorization. I'm just saying...

Fee waiver: No. USCIS has created the I-912 form for fee waivers, and the instructions for the form clearly define what type of petitions are eligible for a fee waiver (something they never really nailed down before). An I-485 is eligible for a fee waiver only if the application is filed by someone with T or U visa status, someone with asylum status, someone applying on the basis of abuse by a US citizen or LPR spouse (VAWA), a form I-360 self-petitioner (widow, Amerasian, or special immigrant), someone applying for registration based on continuous residence since January, 1972 (the Reagan amnesty program), or any category that does NOT require an applicant to prove they won't be a public charge (Cuban Adjustment Act applicant, Haitian refugee, etc.).

Borrow the money: There would be little point in doing this now. Her husband isn't qualified to sponsor right now, and it doesn't sound like they have a qualified and willing joint sponsor. The AOS won't be approved, so there's no point in going into debt to file it.

Military related aid: This is probably possible for subsistence (i.e., food), but not likely for any long-term loan. Most loan programs for military members must be repaid by allotment from the military member's pay, and is almost always required to be fully repaid before the member's enlistment expires. The OP has said her husband has been called to active duty for only two months. Any loan he got would probably need to be repaid before his active duty assignment ended. Also, many of the programs that are available for regular active duty military are specifically not available for Guard and Reserve members.

Now, my personal advice to the OP...

Think about getting your financial house in order and worry about adjustment of status later. You don't have a qualified joint sponsor, so you're not going to get a green card unless your husband can sponsor you himself. He's not going to be able to do this unless he's got a job earning enough money. That's what you need to be focusing on right now.

If your husband can't find a job within commuting distance of your current home then he should start looking farther away. If he has to walk away from the lease then so be it - he can deal with the consequences of that later. The landlord will have to sue him to get the money, and even after the landlord wins the lawsuit they'll still have to collect on their own. Getting a wage garnishment order for a private debt is difficult (impossible in some states, but possible in Georgia).

Try to set aside a little money every month, at least $50 but $100 would be better. Make a commitment that you won't touch that money for any reason that doesn't border on a life threatening emergency. Consider it as if it was already sent to USCIS, and you can't get it back. When your husband is earning enough money to sponsor you, and you've saved up enough money, then file the adjustment of status.

[garfield529 47]

Jim for president! :whistle: :thumbs: No other posts needed....

[Ban Hammer 13,445]

one post removed for tos violation:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[Robert&Karen 264]

Prosper.com is a good idea, I used to loan on it. It may take a month to get things going.

I'd loan you my car if you were close but I don't even know where you are.

[Dan & Jenni 457]

Strip? (Relax everyone...just a little VJ funny)

[Alicey 6]

Strip? (Relax everyone...just a little VJ funny)

Thank you so much for lightening the mood!

Thanks everyone for making it clear. We should finally have the money for the AOS forms within the next two weeks (provided the truck and puppy go their first few weeks in months without something breaking... hmmm...), so I guess this job's a no unless they're willing to wait for me.

Thanks for clarifying what's legal and what's not, too... I'll definitely hold off on the cakes.

My one remaining concern is still his income. His last three years' tax returns varied from $3000 all the way up to nearly $15,000, because of various one-time army bonuses/promotions. But his current income doesn't meet the 125% of the poverty line; and although he's on active duty orders right now that's only temporary - as a member of the guard, he still has to make 125%; and we have no one who can co-sponsor us. Can my job offer come into play here? You can use an immigrant's income and/or other funds on the affadavit of support. Those may all be gone now, but I have a concrete job offer! As soon as I legally can, I will be working! I'm not about to become a public charge! I'll be making $1600/month before tax, which, combined with his income, will put us at or above the 125%.

So I guess now, the question is:

Can I include a cover letter with our AOS forms, saying that no, my husband doesn't make the full 125% right now; but I have a job I can walk into as soon as I'm legally able, AND he may be deploying soon, which will mean his income will increase dramatically? Will that do us any favours at all?

Considering the food stamps issue, should I explain on the cover letter that we did have to claim food stamps (as it stands we've been given one month's worth, which is $180. At most we should need it for next month, and then we should be able to cancel them) but at the time my husband was completely out of work, we had no support from our famillies, etc, and we are willing and able to refund the money once I start working?

[Alicey 6]

(Also, I now can't remember who suggested we give up on this entire process and move to the UK together. Regardless of the fact that my life there is a miserable sh*thole, my husband has a contract with the national guard for another three years. He can't leave the US - unless, obviously, it's for a vacation. He also intends on being in the US Army the rest of his life. Of course I'm not saying he's just being stubborn but it's not something he wants, and even if it were, it's not something possible. Plus, he's spent thousands on this so far. To give it all up would be pointless)

[Alicey 6]

(Hmmm no option to edit my last posts for some reason? Sorry everyone, I'm not intentionally thread-bumping)

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.

I refuse to deal with Craigslist after trying to sell a couch turned into someone demanding my address and threatening my physical safety, and the police having to get involved. Please just accept that selling our hunk of junk, having already spent so much on it, and then SPENDING again on a new vehicle is not something we are able to to. This is not relevant or helpful. As I have already said to you, the TRUCK is not the issue. Please, as I have already said, drop it.

[Harpa Timsah 13,258]

No, you cannot include a letter about your qualifications and potential income in order to get the Affidavit of Support approved, unfortunately. That is why I asked how you were able to obtain a visa if your husband does not make enough. A part of the visa process is making sure that the sponsor will be able to support the immigrant when it comes time to file for AOS by qualifying for the I-864,to avoid problems like this, where the immigrant has no way to become a lawful permanent resident. This makes me wonder if London is too lax...

Anyway, your husband is the sponsor, and you will need to find a co-sponsor that qualifies on their own at 125% of the poverty line for their household plus you.

You will need to find a co-sponsor, though it's good you'll have the money to file soon. Hopefully a friend or relative will sign.

[JimVaPhuong 4,863]

So I guess now, the question is:

Can I include a cover letter with our AOS forms, saying that no, my husband doesn't make the full 125% right now; but I have a job I can walk into as soon as I'm legally able, AND he may be deploying soon, which will mean his income will increase dramatically? Will that do us any favours at all?

Considering the food stamps issue, should I explain on the cover letter that we did have to claim food stamps (as it stands we've been given one month's worth, which is $180. At most we should need it for next month, and then we should be able to cancel them) but at the time my husband was completely out of work, we had no support from our famillies, etc, and we are willing and able to refund the money once I start working?

No. If you actually HAD any income, and if that income would continue after you became an immigrant, then you could combine your income with your husband's to help him qualify. The bare minimum requirement is that the sponsors must qualify at the time the affidavit of support is submitted, as well as when the immigration benefit (green card) is approved. They would consider potential future income only after they've determined he's qualified now.

Seriously, he really needs to find a decent job.