Married after B2 overstay

[Confused785 3]

Hi everyone,

Im new to this forum but i really wanted to see what kind of advise people here might have for me.

First let me explain my situation. I met my now husband 2 years ago online. He came to visit me twice in canada. Hes from the us ofc. Then after he came to visit me twice. I came to the us to visit him and stayed for 2 weeks

then i returned back to canada. Meanwhile all our time apart was spent online on skype (webcam and mic) . I then came back to visit again 6 months later in January of 2011. I was booked on a flight to go home on Feb 10 2011. But we really wanted to be able to spend more time together so we called the customs and border patrol to find out how long a canadian was allowed to stay in the US legally. And they informed me of 6 months. So we rebooked my flight to be June 30 2011. But before June 30th came around, we decided that we wanted to get married. So we contacted an immigration lawyer. We really wanted to have a small wedding but we wanted family to be there so short notice wedding was not an option. So we told the lawyer that we wanted to get married no later than the end of summer except by this time I would be in overstay. He told us that it would be fine as long as we had no intent of getting married when i first came over. Which we did not. It was strictly a visit. So we had made arrangements to meet with the lawyer, but he had double booked the day. So we searched for a new lawyer instead. Our new lawyer informed us that nothing can be done until after we're married and for us to come back and talk to him after the wedding. Because of different issues regarding family attending, the marriage was postponed until December 31st 2011. New years eve. Thats the date of our wedding. At this point i was officially in overstay of 5 1/2 monthes.

So we returned to our lawyer, he started to file our paperwork, but we had to wait for tax papers before we could file. So we had to wait another 3 months for my husband to get his tax information all together.

Between lawyer fees of 2500 and then the 1300 filing fees, work died down conveniently after taxes came back. So we have been working on saving the money to be able to finish paying the lawyer and get the fees together to be able to send our paperwork. Its now September 2012, And we finally think that we might have enough to send all our paperwork through now.

Im nervous as im sure most people are when adjusting status. The thought of being away from my husband for even a day kills me. I love him so much and i never want to leave his side.

Im confident of proving that our marriage is bona fide, and of proving that i did not come over with the intent to marry on a B2 visa.

Has anyone been in a similar situation? Anything anyone can tell me to help set my mind a little bit at ease?

It would be greatly appreciated.

Thanks

[Anh map 2,098]

At some point you both should get your *stuff* together and have the adjustment of status filed.

Don't leave the US until you have green card in hand.

*Moved from Tourist Visa forum to Adjust Status-Work, Student, Tourist Visa forum*

[Confused785 3]

Yes we've got all our documents together except passport photos which we will be doing this weekend. All of our paperwork is ready though, we were just working on saving up enough money.

Now will the fact that i came on a B2 visa and then got married cause a problem?

Also, he pays child support for his kids from his last marriage, which comes automatically from his paycheck. So will have affect his income for sponsoring me since it shows on his paystubs that he nets even less after child support is deducted from them. Or is the poverty guideline based on what he grosses?

He also owes some back taxes to the IRS but is currently on a payment plan, will that take any type of effect on our process?

[carton025 38]

Yes we've got all our documents together except passport photos which we will be doing this weekend. All of our paperwork is ready though, we were just working on saving up enough money.

Now will the fact that i came on a B2 visa and then got married cause a problem?

Also, he pays child support for his kids from his last marriage, which comes automatically from his paycheck. So will have affect his income for sponsoring me since it shows on his paystubs that he nets even less after child support is deducted from them. Or is the poverty guideline based on what he grosses?

He also owes some back taxes to the IRS but is currently on a payment plan, will that take any type of effect on our process?

Just wondering..., are there any more "surprises?" For example, hired a lawyer, hired a second lawyer, overstay the visa, child support, back taxes... what a nightmare... Best of luck!

Sid

[Confused785 3]

No, no more surprises. Those were just the things that i mainly wanted to know if they affect AOS at all. Like i said , I know our marriage is bona fide and we have tons of documentation and pictures to prove that. And i know that marriage wasn't my intent when i first travelled to the US in January.

So im confident on those aspects. The "surprises" are just small peices that make me wonder if they will even be an issue.

I read so many horror stories online, which I find im having a hard time finding anyone whose story is similar to mine other than the ones where people came on a B2 visa and married while still in thier 6 month legal stay.

I've also read where alot of people say that overstay is "forgiven" once marriage to a USC takes place.

I should also add that the reason for the second lawyer was because with the first one , things just seemed a little bit sketchy. When we had gone to meet him for our concultation in person, He gave us the address of where to meet him ,which was an hour away from home, once we got there we went in and told the people at the desk that we had an appt with XXXXX , and they said they'd never heard of him. So once we called and got a hold of him , he said he had double booked that day and forgotten about it. Its understandable but still raised a few red flags for us. The second lawyer we found is about 10 minutes away from where we live, and he is really nice, really helped set my mind at ease. But of course I tend to over think things, not knowing for me is always the hardest.

Edited September 21, 2012 by Confused785

[Little_My 464]

Zinger - your question is entirely unrelated to the original issue of this thread. You are also going through an entirely different process, with totally different requirements. You should be posting on the K-1 forum, not AOS - A Mod will hopefully move your post to the correct location soon.

Confused - Overstay is not forgiven once marriage to a USC takes place. Overstay won't prevent you from adjusting your status, but as it stands you are deportable at any given moment until you have filed your AOS paperwork. Once the papers are filed and USCIS has received them, you're in the clear for a while. Until then, you're on borrowed time - not that you really should lose sleep over worrying about ICE at your door, but it is good to know that could happen, and has happened.

So, just focus on getting the papers filed ASAP. You probably wouldn't have needed a lawyer, but since you have one, make sure you make him work for his salary. You could walk into a Wahlgreens right now, get the passport photos, and have the AOS papers filed. That should be your main concern.

Your husband's income requirement depends on the amount of people that count as dependents for him - if he has children under 21, they all count towards his income requirement. If he has two kids, and is sponsoring you, he would have to make minimum of $28,812/year. The questions about how to calculate his income, who to count, etc. are questions you should be posing to your lawyer. This is why you pay him. Is he not helping you to fill them out?

Your overstay is not the issue. Neither is the fact you originally came as a tourist. Intent is unlikely to come up at all during the process. I would be more concerned about getting the paperwork together, ensuring you meet the income requirements, and getting the paperwork to USCIS asap.

[Penguin_ie 5,993]

*** one unrelated reply removed ****

[ceadsearc 516]

Re: Income. It is gross income. However, his minor children (I assume they are minors if he pays child support) count as his dependents on his I-864.

[Teddy B 17,252]

Hi everyone,

Im new to this forum but i really wanted to see what kind of advise people here might have for me.

First let me explain my situation. I met my now husband 2 years ago online. He came to visit me twice in canada. Hes from the us ofc. Then after he came to visit me twice. I came to the us to visit him and stayed for 2 weeks

then i returned back to canada. Meanwhile all our time apart was spent online on skype (webcam and mic) . I then came back to visit again 6 months later in January of 2011. I was booked on a flight to go home on Feb 10 2011. But we really wanted to be able to spend more time together so we called the customs and border patrol to find out how long a canadian was allowed to stay in the US legally. And they informed me of 6 months. So we rebooked my flight to be June 30 2011. But before June 30th came around, we decided that we wanted to get married. So we contacted an immigration lawyer. We really wanted to have a small wedding but we wanted family to be there so short notice wedding was not an option. So we told the lawyer that we wanted to get married no later than the end of summer except by this time I would be in overstay. He told us that it would be fine as long as we had no intent of getting married when i first came over. Which we did not. It was strictly a visit. So we had made arrangements to meet with the lawyer, but he had double booked the day. So we searched for a new lawyer instead. Our new lawyer informed us that nothing can be done until after we're married and for us to come back and talk to him after the wedding. Because of different issues regarding family attending, the marriage was postponed until December 31st 2011. New years eve. Thats the date of our wedding. At this point i was officially in overstay of 5 1/2 monthes.

So we returned to our lawyer, he started to file our paperwork, but we had to wait for tax papers before we could file. So we had to wait another 3 months for my husband to get his tax information all together.

Between lawyer fees of 2500 and then the 1300 filing fees, work died down conveniently after taxes came back. So we have been working on saving the money to be able to finish paying the lawyer and get the fees together to be able to send our paperwork. Its now September 2012, And we finally think that we might have enough to send all our paperwork through now.

Im nervous as im sure most people are when adjusting status. The thought of being away from my husband for even a day kills me. I love him so much and i never want to leave his side.

Im confident of proving that our marriage is bona fide, and of proving that i did not come over with the intent to marry on a B2 visa.

Has anyone been in a similar situation? Anything anyone can tell me to help set my mind a little bit at ease?

It would be greatly appreciated.

Thanks

Aside from all of your "little surprises", my wife and I went through the same process you are now going through. While being out of status is never a good thing, your overstay will be forgiven once you file for AOS. Get your papers filed asap, it will give you peace of mind and will also get you closer to leading a normal life here, by working and getting a drivers license.

Congrats on your marriage! My wife and I were also married December 2011, we filed for AOS immediately and she received her GC in March. It's really not a tough process, just make sure you have plenty of evidence that your relationship is real. Plenty of pics together, wedding cards from friends and family, have him put you on his credit cards as an authorized user, get a joint bank account, get on his health insurance, have magazine subscriptions sent to your address in your married name, any little thing that may help show you two are together. Good luck!

Edited September 21, 2012 by Teddy B

[Confused785 3]

Thanks very much for all your replies.

Yes my lawyer does answer my questions. I just wanted to see what others who have been through similar processes say.

Also I do worry sometimes that Immigration is going to be knocking at my door. I know in alot of cases no flags are lifted unless theres suspiscion of an illegal alien or some form of breaking the law takes place.

I was worried about the amount of time after we got married to now for us to file. We filled out the paperwork just 2 weeks after the wedding, but like i said certain circumstances prevented us from being able to send off the paperwork .

[Harpa Timsah 13,258]

Once you file for the AOS, you will begin a new period of authorized stay and will not be deportable. I would send it in ASAP.

[Confused785 3]

Just wondering... Its not really a sure thing and i'm not trying to add to the "surprises" lol but because of my already mentioned husbands work dying down. With the financial situation that we are in.If he was to file bankruptcy,

how would this affect me AOS. Before child support deductions he grosses 48k a year. which supporting just me and the two kids through child support i've read is more than the 125% of poverty guidline for california.

He's talked about wanting to declare bankruptcy because of the financial situation we're in and have been in the last 6 months, but i keep telling him that he shouldn't incase it affects my AOS. But the more time that goes by it seems the worse off financially we seem to get. As well with me not yet being able to work , I can't help to pay down any of the debts.

Just wondering if anyone knows , How would bankruptcy affect my situation?

[coco2012 2]

No bankruptcy will not affect your AOS, if he can't afford to sponsor you then they will send you a letter asking for an sponsor. My husband and I met online and at the time he didn't make enough money to sponsor me , so we found someone else ( a family friend) to sponsor me. I was I the Same situation as u were, because I overstayed in my visa. But trust me, if you guys love each other, then don't worry about it, you will be just fine. I was just scared as you were but everything turn out just fine

Just to add to the bankruptcy response, a friend of mine applied while her husband was in bankruptcy do they got a her sister ans law to sponsor her.

[ceadsearc 516]

Bankruptcy itself won't be an issue. If he is no longer making 125% of the poverty guidelines that will.

[Confused785 3]

Just another question to add onto my story. Where my husband pays child support for 2 younger children. We are currently in the process of trying to get a modification. Child services is taking 50% of his pay checks and even by the end of the month it still doesnt pay the full child support payment hes required at the moment. He's now around 4000$ in arrears. Which obviously is just getting higher and higher since even 50% of his paychecks can't cover the full child support payment alone let alone touch the arrears.

It may be 8 months or so until we even know if there will be a modifiction, which is what the support agency told us.

How will this affect filing the AOS?