Adjustment of Status Help

[TiffsHubby4 0]

Good Morning Everyone,

I am new here so bare with me somewhat

I came to the United States too visit my girlfriend for 2 months during my visit here we found out that my girlfriend is pregnant with my baby were extremely happy about this and on the spur of the moment 2 weeks ago we got married not what we really had in mind thought it would take alot longer but i guess we were excited and happy with what is happening I have some questions needless too say i now wish too stay with my wife and baby and i have been told that if i was too return to the UK it could take a long time to apply etc for the visa process and my girlfriends expectant in 8 months so i believe our option is AOS if i am right in thinking.....

i have a number of questions....

1) a lawyer as told us that i can stay here and apply for AOS status immediately and if its not back before 90 days is up i can still live with my wife while the process is going through but i must not depart the USA or i will be refused re-entry

2) My wife lives in a housing scheme where shes not allowed a non-us citizen too live at the home unless there us citizen will the immigration service check too see who owns the house and contact them or will they just be interested that i live there and thats enough information for them

3) I am assuming im not allowed too work at all if i stay here and apply for AOS

4) We don't have no documents in our joint names at all because we only just got married the only thing we will have is my name on the birth certificate of our baby when she/he is born

Any help would be so welcomed

last thing i want too do is walk away from my wife and child they will need me here

Thanks

David

[Penguin_ie 5,997]

**** Moving from AOS from Family visa to AOS from Tourist visa ****

1. Yes, as you decided on this after arrival in the USA you can stay: http://www.visajourney.com/content/i130guide2

2. It is unlikely, but not impossible they will come to the house/ check with the landlord you are on the tenancy agreement etc. Does she live in government subsidised housing? If so, how will she financially sponsor you?

3. Not until you have EAD or your green card; this will take several months. If working is a must, return to youir home country and work there while your wife petitions you for a spousal visa. You can still visit during the process, ie for the birht of the baby etc.

4. Well, that is easily changed; have her add you to her bank account, list you as next-of-kin at work etc. Put bills in joint names. Get a cell phone contract with the same address.

[TiffsHubby4 0]

Hello

1) that's good news i really need to be there for her and the baby without question she already has 2 kids so shes gonna need my full support.

2) Nope i am not on the housing tenancy it is some form of government housing its sort of a low cost housing scheme she lives in shes below the poverty level so her aunty will be sponsoring me we hope "we have to have a lot of faith there" don't know what we will do if she doesnt my wife works but having a baby she will need time off too

3) I don't think she will be able too cope if i left her with 3 kids this was unexpected

4) Can i be added on those sort of documents and accounts if im not a us citizen or has a SSN?

thank you

David

**** Moving from AOS from Family visa to AOS from Tourist visa ****

1. Yes, as you decided on this after arrival in the USA you can stay: http://www.visajourney.com/content/i130guide2

2. It is unlikely, but not impossible they will come to the house/ check with the landlord you are on the tenancy agreement etc. Does she live in government subsidised housing? If so, how will she financially sponsor you?

3. Not until you have EAD or your green card; this will take several months. If working is a must, return to youir home country and work there while your wife petitions you for a spousal visa. You can still visit during the process, ie for the birht of the baby etc.

4. Well, that is easily changed; have her add you to her bank account, list you as next-of-kin at work etc. Put bills in joint names. Get a cell phone contract with the same address.

[Penguin_ie 5,997]

Yes, you should be able to be added to documents.

In terms of money yes, you will need a co-sponsor. Get going on that now so you can file the Adjustment of Status quick, so you can be working by the time you have another mouth to feed.

[AF-Wife 181]

**** Moving from AOS from Family visa to AOS from Tourist visa ****

1. Yes, as you decided on this after arrival in the USA you can stay: http://www.visajourney.com/content/i130guide2

2. It is unlikely, but not impossible they will come to the house/ check with the landlord you are on the tenancy agreement etc. Does she live in government subsidised housing? If so, how will she financially sponsor you?

3. Not until you have EAD or your green card; this will take several months. If working is a must, return to youir home country and work there while your wife petitions you for a spousal visa. You can still visit during the process, ie for the birht of the baby etc.

4. Well, that is easily changed; have her add you to her bank account, list you as next-of-kin at work etc. Put bills in joint names. Get a cell phone contract with the same address.

bank of america was the only bank that added me to my husbands account without SSN. and I couldn't get any kind of contract without SSN. you have to research and try to get those kind of evidence, but as soon as your EAD arrives, you can apply for a SSN. good luck!

PS: your wife could get serious problems, sinces she's living in a government supported housing and you aren't allowed there.

[Pompey Boy! 0]

Suntrust added me instantly to bank account without SSN - they just needed to see marriage certificate.

[DandT14 272]

Do you know if she's in HUD Section 8 housing, or is it a local housing authority? Perhaps a Section 8 voucher?

In HUD Section 8 housing, you can live there as a non-usc. But, you aren't eligible for subsidy. What they would do is essentially prorate her subsidy so it only applied to her and the kids. Long story short, her rent would go up. You get your greencard, and then the rent goes back down. (That's what I would call the "right" way to do it.)

If they find out you're there and you're not on the lease, it's a lease violation and they'll tell you to leave or else. Depending on the kindness of the property manager, they might allow to you be added to the lease at that time rather than just evict her. They would attempt to recoup the HUD subsidy you obtained that you weren't eligible for. That's usually A LOT of money.

I've been working in the low-income housing industry for a long time and I've never heard of immigration contacting a property manager. That doesn't mean they can't or won't, I've just never experienced it.

I'm also not sure how an immigration official would react to finding out you were in a HUD property without being on the lease. You would essentially be receiving gov't housing assistance that you're not entitled to.

If you can find out for sure what kind of gov't housing you're in, I can get specific answers as to your ability to be added to the lease. It is the safest bet, if you can afford it.

[ceadsearc 516]

Good point re: not being on the lease. Our IO did ask about my husband not originally being on the lease and wanted documentation (which we had) that the property manager knew he lived there. And that was just a regular complex.

If your wife lives in government housing and you aren't allowed to live there, you should not be living there, period.

[jdh 103]

Good point re: not being on the lease. Our IO did ask about my husband not originally being on the lease and wanted documentation (which we had) that the property manager knew he lived there. And that was just a regular complex.

If your wife lives in government housing and you aren't allowed to live there, you should not be living there, period.

Yep...+1.

Keep your nose clean and don't break rules. They don't like rule breakers.

[grrrrreat 109]

I'm also not sure how an immigration official would react to finding out you were in a HUD property without being on the lease. You would essentially be receiving gov't housing assistance that you're not entitled to.

This is a good question. Luckily housing subsidies and other non-cash housing assistance aren't relevant to the "public charge" test, which would make an immigrant inadmissible. Basically you need to be getting cash assistance or to be institutionalized to have serious problems there. However, I agree that not being on the lease could be considered as accepting a benefit you aren't entitled to yet, at least until you become an LPR. Another commenter said that OP may be added to the lease but contribute toward rent, so that seems like the safest plan.

Another thing to consider is that once OP gets an EAD or an LPR card the housing subsidy folks are going to want to talk to OP about working and contributing toward rent and OP will definitely have to let them know once he is working because it could make them ineligible for the housing subsidy.

[DandT14 272]

Another thing to consider is that once OP gets an EAD or an LPR card the housing subsidy folks are going to want to talk to OP about working and contributing toward rent and OP will definitely have to let them know once he is working because it could make them ineligible for the housing subsidy.

Absolutely, in any subsidized housing, there is a requirement to report a change in income. If you fail to report, you can get in big trouble.

The other factors that affect eligibility are dependent on the type of subsidy we're talking about, and property specific requirements. Most of my knowledge is about HUD section 8 subsidy.

The right way to handle it would be for the tenant to go to her property manager and just explain the situation. She's married to a non-usc and wants to add him to the lease. The manager should then go through a process to determine the new tenant's eligibility for subsidy (there are many exceptions to the USC/LPR rule) and if they determine that the new tenant isn't eligible, they just prorate the subsidy. The rent will go up as a result, unfortunately. If they tell you that a non-usc is NEVER allowed to live on the property, I'd ask to see the regulations stating that.

[grrrrreat 109]

Absolutely, in any subsidized housing, there is a requirement to report a change in income. If you fail to report, you can get in big trouble.

The other factors that affect eligibility are dependent on the type of subsidy we're talking about, and property specific requirements. Most of my knowledge is about HUD section 8 subsidy.

The right way to handle it would be for the tenant to go to her property manager and just explain the situation. She's married to a non-usc and wants to add him to the lease. The manager should then go through a process to determine the new tenant's eligibility for subsidy (there are many exceptions to the USC/LPR rule) and if they determine that the new tenant isn't eligible, they just prorate the subsidy. The rent will go up as a result, unfortunately. If they tell you that a non-usc is NEVER allowed to live on the property, I'd ask to see the regulations stating that.

Yeah I agree that it's unlikely that they'd bar a non-USC spouse from living there unless there was an issue about occupancy limits (like if it's a studio or 1br maybe).