does I-846 discriminate between rich and poor

[DeeDee&Sam 68]

is not dicrimination is the right thing to do. no other citizens want to pay taxes for people like you to stay on state's money. thats why they ask for 125%, thats why we have to obey the rules, thats why you need to solve this problem on your own. if i can make LEGAL money 5 months after i moved here without a decree, then you could too

[Mike B. 231]

I find it really strange that people are saying "no." The answer is obviously yes. Of course it discriminates against poor people. The entire idea of it is to discriminate against poor people. Otherwise, what would the point be? The US government is concerned that destitute people could end up being public charges, so it has decided to be, well, discriminating in who it admits to this country and who can stay.

As others have said, though, the Fourteenth Amendment has not been interpreted to prohibit this form of discrimination, so it's not like you have a shot of suing your way out of this requirement or anything. As JimVaPhuong says, we think of the protected classes as ones that are immutable, i.e. your race, gender, etc.

It is too bad that the easy way out of this problem is a violation of your religion. I suppose it makes no difference to you if I point out that the proverbs you quoted warn against putting yourself in a situation where you owe your neighbor money, but you'd actually be doing the opposite and asking someone to sign a contract that essentially insures you. I'm not sure if you likewise consider having, for example, liability insurance (which is a legal requirement to drive in this country) to be a sin, but it is basically the same situation. If your commitment to your religion prohibits you from getting liability insurance or getting someone to sign I-864, then when it comes to driving or immigrating you are unfortunately out of luck. If you can make an exception, then I'd get someone who is making enough money to sign I-864.

[Moomin 292]

The entire idea of it is to discriminate against poor people.

The embassy discriminates against fraudulent marriages.

USCIS discriminates against certain offenses/charges.

At the medical, they discriminate against prior drug use.

Now, replace "discriminate" with "protect US citizens" and you'll have the foundation of immigration.

[Mike B. 231]

Yup. The system is set up to discriminate against a wide range of people, including the poor. Whether or not we should discriminate against the poor in order to be "protected against" them is a policy question. People will have different opinions. Most will probably say that we definitely should. Such is life.

[Moomin 292]

Yup. The system is set up to discriminate against a wide range of people, including the poor. Whether or not we should discriminate against the poor in order to be "protected against" them is a policy question. People will have different opinions. Most will probably say that we definitely should. Such is life.

I don't mean it in a bad way though, not at all. Immigration is a privilege to me.

We couldn't do the same process in Denmark - if that was our goal - right now since the laws are far more strict(after POE too) and there's no fiance(e) visa. I accept that. It would take around 2 years for me to earn the right amount of money and then have 20.000 dollars in the bank as it's required to have.

[Darnell 8,479]

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

1. it's not so clear he came in on a K-1 visa, sorry.

2. 2 year mark not apply for those adjusting status for the first time. It DOES apply for those who came in on a spousal visa (CR-1 or IR-1) when measuring the 2 year mark at the first POE. USUALLY (with some exception on a K-1 visa holder adjusting status for the first time past the 2 year marriage date) a 2 year card is the first one granted.

3. Filing for an adjustment of status from work, student & tourist visa types (the forum the OP posted in) requires the I-130 to be filed, regardless. Many ppl file the I-130 and I-485 together, as it speeds up the process.

So, with all that 'said' - I have to question what yer writing - you seem a bit muddled.

Questions, 1)what can i do now.

ask for a waiver of the income requirements on the I-864, via postal letter and/form.

[saywhat 5]

The OP hasn't replied in a while... It sure got everyone rallied up though