does I-846 discriminate between rich and poor

[cre8hive 0]

i am a South African citizen, My lawful wife (married 2009 in USA)and our son (born 2010) are American citizens born in USA.

We currently live in USA Seattle , we have filed with uscis but they have not accepted the I-485 because my wife's income is less than 125% of poverty guide line on the required I-864.

We don't have any family or friends who qualify or who are willing to co sign (be a sponsor)the I-864

(we also feel that the requirements of I-864 are a violation of my wife's equality rights as a US citizen because it discriminates between rich and poor.

Also: asking some one to sign SURETY is contradictory to our faith as Christians: Prov 6:1, *11:15, 17:18 ...)

Questions, 1)what can i do now.

2)what can my wife(US citizen)do.

3)what will possibly happen to us?

thank you

[freetv 7]

Immigration is not a right, you are asking the government to do something for you that they are under no legal obligation to provide. How did you get past the visa stage without proving income of at least 125%?

[EmelyNJoel 43]

1st advice. Get over asking someone for surety. Either you want to be here or not. I'm fairly certain God doesn't care if you ask for help trying to stay with your wife.

1 & 2. Get a better paying job? (that wasn't a joke) Get a second job. (I"m new here, if you're allowed to work, do so, or look for better work too. or a second job for each of you. How bad do you want to get that green card?

3. I'm new enough to not want to tackle this one.

But seriously... Many families work two jobs each, occasionally more... That sucks and can take a toll on relationships, but if you want this, dig deep, and do what you need to do to improve your income to pass the test. Or ask someone to co-sponsor you. (see advice above) bottom line, do what you have to do. By and large, that is a major part of being an American.

And it's not discrimination. The idea is if the relationship falls apart, or something leaves you destitute (with no other income), the Taxpayer isn't forced to pay for your benefits.

125% of poverty level isn't really that much money. My understanding is you can have a low paying job if you've saved sufficiently.

[Leatherneck 693]

No the I-864 does not discriminate between rich and poor.

The last thing U.S. taxpayers want to do is subsidize someone and his/her family that are at or below the poverty level.

Even at 125% of the Poverty Guidelines is not living large for a single person, so that must be tough for a family.

You're going to need a co-sponsor, have an increase in the families income (I know you can not contribute to the families income because you can not work yet, I know you're in a catch-22 with that one) or come up with some assets to satisfy the requirements of the Affidavit of Support.

Have never heard of this concept "...equality rights as a US citizen," there is, however, "equal protection of the laws," that would be the Fourteenth Amendment.

Edited February 24, 2012 by Leatherneck

[Moomin 292]

It doesn't really discriminate between rich or poor. It determines the likelihood of the foreign fiance(e) or spouse becoming a public charge. You could be loaded in assets and USCIS may choose to not accept the assets anyways. If they don't think they'll ever stand a change getting that money from the sponsor, you can forget about using Bill Gates as a sponsor.

USCIS doesn't care about debt either(unless it's got something to do with IRS).

The government isn't based on faith. It's based on governing a country. Owing the government money is a sin in their eyes, and that's about the religion that's used in immigration.

I'm sorry your wife isn't making enough. You're in the US? As far as I know, your income may be used too if you have work authorization and can contribute with a US income.

[Dave&Roza 748]

Since everyone has tackled 1& 2, I will go for #3. What will happen to you if you fail to file AOS? Nothing really. You married within the 90 time limit--correct? Then you did what the K-1 asked you to do. You are out of status as soon as the I-94 expires. You cannot work or leave the US without filing for EAD/AP and/or the GC. If you go beyond the 2 year mark of being married, you should file the I-130 in order to get the 10 year GC instead of the 2 year conditional GC. IF for some reason you get detained by CBP or local law inforcement and their check your residency status, you may be detained and taken before an immigration judge. He will tell you to file the AOS ASAP and you will be released. You may at that time be given a time limit to file by the judge--maybe. So I would recommend that you and your wife figure out a way to get above the 125% of the poverty level for a family of three which is $23,162 or $11.15 per hour for a full time position. The amount will be increasing at some point in 2012.

Good luck,

Dave

Edited February 24, 2012 by Dave&Roza

[Harpa Timsah 13,258]

Since everyone has tackled 1& 2, I will go for #3. What will happen to you if you fail to file AOS? Nothing really. You married within the 90 time limit--correct? Then you did what the K-1 asked you to do. You are out of status as soon as the I-94 expires. You cannot work or leave the US without filing for EAD/AP and/or the GC. If you go beyond the 2 year mark of being married, you should file the I-130 in order to get the 10 year GC instead of the 2 year conditional GC. IF for some reason you get detained by CBP or local law inforcement and their check your residency status, you may be detained and taken before an immigration judge. He will tell you to file the AOS ASAP and you will be released. You may at that time be given a time limit to file by the judge--maybe. So I would recommend that you and your wife figure out a way to get above the 125% of the poverty level for a family of three which is $23,162 or $11.15 per hour for a full time position. The amount will be increasing at some point in 2012.

Good luck,

Dave

Why do you assume the OP is doing the same thing as you? It appears he arrived here on a tourist visa some time ago. If he was K-1 he would have been denied for lack of income at that stage. None of this advice applies here.

[Moomin 292]

My husband is in the background. I'm not really religious in the same way as him however, he mentions following the law of the land. Romans 13: 1-7.

[VanessaTony 3,567]

1)what can i do now.

2)what can my wife(US citizen)do.

3)what will possibly happen to us?

1. Depends on what visa you arrived on

2. Depends on what visa you arrived on

3. Depends on what visa you arrived on

The VWP doesn't allow appeal so if you arrived on that you're in trouble (I know what your flag says but it doesn't mean what country you came from).

It also depends on what the denial letter said. Often you're given 30 days to appeal or leave.

You most likely will need to re-file but you'll be denied again without income support. If you wait too long to re-file you'll get a removal notice in which case life gets a bit harder.

Long and short of it - find a co-sponsor or you wife needs to earn more money.

[milimelo 4,562]

Moving to AOS from tourist, student, work visa until OP comes back to tell us what visa he used to enter the country.

[IPv6Freely 64]

Simple answer to thread title: no.

Long answer: The I-846P lists $18,387 as 125% of the current poverty line for a household of two. Believe me when I say that that number should be attainable with ONE of you flipping burgers at McDonalds... let alone both of you. It's not an unreasonable expectation for you to be able to support yourselves so I and the rest of the taxpayers aren't paying for you to be here.

[NancyNguyen 1,658]

Simple answer to thread title: no.

Long answer: The I-846P lists $18,387 as 125% of the current poverty line for a household of two. Believe me when I say that that number should be attainable with ONE of you flipping burgers at McDonalds... let alone both of you. It's not an unreasonable expectation for you to be able to support yourselves so I and the rest of the taxpayers aren't paying for you to be here.

Their household is 3.

[IPv6Freely 64]

Their household is 3.

$23,162 then.

[JimVaPhuong 4,863]

i am a South African citizen, My lawful wife (married 2009 in USA)and our son (born 2010) are American citizens born in USA.

We currently live in USA Seattle , we have filed with uscis but they have not accepted the I-485 because my wife's income is less than 125% of poverty guide line on the required I-864.

We don't have any family or friends who qualify or who are willing to co sign (be a sponsor)the I-864

(we also feel that the requirements of I-864 are a violation of my wife's equality rights as a US citizen because it discriminates between rich and poor.

Irrelevant. There's no constitutional protection from discrimination based on your financial status. The only protected classes are the ones you're born into, and cannot change. For example, your race or gender. People lift themselves out of poverty all the time. In fact, many people come to the US specifically for that reason. The United States generally welcomes these people. What they don't welcome are people who come to the US and cannot support themselves, and end up living on benefits paid for by American taxpayers. This is why all family based immigrants require a sponsor.

Also: asking some one to sign SURETY is contradictory to our faith as Christians: Prov 6:1, *11:15, 17:18 ...)

You might have a valid argument if the government were forcing you to do something you have a strong religious conviction against. They aren't forcing you to apply for a green card. They aren't forcing you to remain in the United States. This is something you choose to do. If you choose this path then you must accept the requirements that come with it. Your other option is to leave the United States.

Questions, 1)what can i do now.

2)what can my wife(US citizen)do.

3)what will possibly happen to us?

thank you

You need a sufficient sponsor. You will not adjust status without one. There's nothing you or your wife can do to change this. If she can't improve her income then you'll need to find a sufficient joint sponsor. For family based immigration, US immigration law requires a guarantee that the immigrant won't become a public charge, and they require a legally binding contract with a sponsor who will provide that guarantee. There are no exceptions.

Nothing will happen to your wife and son. They are US citizens. You, however, may be deported if you don't find a resolution. If a joint sponsor is impossible to find then your wife needs to find a better paying job.

[IPv6Freely 64]

^ Great post, well said.