Brought my cat with me

[Confused785 3]

Nope no skeletons lol.. I have pretty much mentioned every single tiny detail of my situation between this post and my other one. As far as anything with POE .. it was just that I don't remember what I answered to the questions. I worry that if im asked anything about the POE questions I might answer it differently then I did at the time. And then them say that its misrepresentation. The strong ties to Canada does make me nervous, especially the part that I had no job. It was probably 2 weeks before I even met my husband that I had lost my job. So the entire length of our long distance online relationship up until now I haven't had a job. Of course being in the US , I'm not going to work illegally which is obviously why I don't work right now. In Canada I had bills that Had to be covered... I had gotten severance pay from work due to being wrongfully dismissed as well as got approved for unemployment which as I stated before was giving me the same amount of money I brought home after the cost of transportation to and from work. So I didn't see any reason in finding another job where I would be making less money. So I stayed on unemployment which obviously cancelled once I left the country.

I feel like I have sooo many obstacles with my situation that im constantly bringing up a new part. I really just want to cover all ends. Of course I will ask all these same questions of my uncertanties to my lawyer when I meet with him again. But being able to get input from others who have been through the experience helps me out alot. Especailly when some come around that have been through the tourist visa to overstay to adjusting status process.

[DandT14 272]

Nope no skeletons lol.. I have pretty much mentioned every single tiny detail of my situation between this post and my other one. As far as anything with POE .. it was just that I don't remember what I answered to the questions. I worry that if im asked anything about the POE questions I might answer it differently then I did at the time. And then them say that its misrepresentation. The strong ties to Canada does make me nervous, especially the part that I had no job. It was probably 2 weeks before I even met my husband that I had lost my job. So the entire length of our long distance online relationship up until now I haven't had a job. Of course being in the US , I'm not going to work illegally which is obviously why I don't work right now. In Canada I had bills that Had to be covered... I had gotten severance pay from work due to being wrongfully dismissed as well as got approved for unemployment which as I stated before was giving me the same amount of money I brought home after the cost of transportation to and from work. So I didn't see any reason in finding another job where I would be making less money. So I stayed on unemployment which obviously cancelled once I left the country.

I feel like I have sooo many obstacles with my situation that im constantly bringing up a new part. I really just want to cover all ends. Of course I will ask all these same questions of my uncertanties to my lawyer when I meet with him again. But being able to get input from others who have been through the experience helps me out alot. Especailly when some come around that have been through the tourist visa to overstay to adjusting status process.

Your only issue as far as what you said at entry would be if you lied. Like if you said you didn't have a boyfriend and you were just there to see the sights (with your cat.) That could be a problem. But if you entered with no intent to stay and told the officer that, that's fine. It was true at the time, and you changed your mind later.

The whole process is very scary. I was a nervous wreck and probably annoyed everyone here with all my questions. But I really think you'll be fine. From what you've said, I don't see any real obstacles for you. My husband overstayed so long, it really sucked. It was like this constant threat hanging over us, and he couldn't drive, work, etc. We were scared to file though, because we thought "now they'll know he's here." But it is a HUGE relief to have it done and behind us. I wish we would have gotten on the ball and filed sooner.

So get those papers in!

[Confused785 3]

lol its funny you say "now they'll know im here" because I also think that way. I worry about when the time comes that we finally get our paperwork in and filed and with our constant streak of bad luck that I get denied for any reason. Then I feel like I will look back and think I was better off before filing because at least then I got to be with my husband. I know I wouldnt have lied coming across the border though sometime I think what if i said that I was visiting a friend instead of boyfriend because of how nervous I was. Im pretty sure I said boyfriend but I really don't remember It was pretty long ago.I havent yet seen any interview posts that people were asked about who they came to visit in the first place. I know that when they scan my passport all the info from me coming across will be there in the computer im assuming. Being in overstay is really stressful. If we had planned on getting married before I came here it would have definately been nice to go a different route maybe through K-1. But without having the intentions on getting married to begin with, there really was no way of us knowing that there was such a thing. When you went through your interview.. did they ask your husband any questions about his POE ?

[DandT14 272]

lol its funny you say "now they'll know im here" because I also think that way. I worry about when the time comes that we finally get our paperwork in and filed and with our constant streak of bad luck that I get denied for any reason. Then I feel like I will look back and think I was better off before filing because at least then I got to be with my husband. I know I wouldnt have lied coming across the border though sometime I think what if i said that I was visiting a friend instead of boyfriend because of how nervous I was. Im pretty sure I said boyfriend but I really don't remember It was pretty long ago.I havent yet seen any interview posts that people were asked about who they came to visit in the first place. I know that when they scan my passport all the info from me coming across will be there in the computer im assuming. Being in overstay is really stressful. If we had planned on getting married before I came here it would have definately been nice to go a different route maybe through K-1. But without having the intentions on getting married to begin with, there really was no way of us knowing that there was such a thing. When you went through your interview.. did they ask your husband any questions about his POE ?

They didn't ask anything about his POE during our interview, other than the date (which he got wrong) and the place. The interviewer was confused by him not having an I-94, but he didn't make an issue of it. The interview really just focused on our relationship - when and how did we meet, when and where did we first meet in person, etc.

Trust me, when you're on the other side of this you will be so relieved and happy. It will be worth it.

[Confused785 3]

lol Yeah once I get approved the huge cloud of stress will definately no longer be hanging over my head.

I printed out like 100 AOS interview example questions and I told my husband that we're gonna go through the whole list and make sure the 2 of us can answer everything correctly about each other.

Thank you very much for your advice. Ive been sitting at this computer for days asking millions of questions. I love that people are very quick to answer my questions to the best of thier knowledge.

When they do ask where and when we first met... They are refering to in person right? Me and my husband met online first ... I assume they will ask possibly How we met and online would be the answer to that question not the first one right?

[Kathryn41 3,205]

You would respond that you first 'met' on line and then got to know each other and later met 'in person' . You can fill in the dates .

[Confused785 3]

Just had another question to add to my situation... I had asked it once before but never did get an answer so I was wondering if anyone knew. My husbands 2 younger children in which he pays child support for do not live with us. Ive read on some posts where someone said that they should not be listed if they do not live with us Is this true?

And also..he's currently had 4 owed in child support arrears. His child suport is coming directly out of his pay checks.. 50% of each check goes to child support but still doesnt pay enough to cover the 2100$ in child support that's owed every month. He filed for a modification but was told it could be up to 8 months before he even finds out if it can be done without going through court. The longer that takes..the further into child support arrears he goes into. The reason his child support is so high is because when they first made the child support arrangements, he owned his own business and was making enough to pay that. But he no longer has his business and is working a completely new job where he's now only making 48k per year. He gets paid on a weekly basis on average of about 900 per week after taxes. Then after child support is deducted he brings home just under 450 every week. So the average month the child support being deducted will only cover 1800 of the 2100 in child support, so every month hes falling another 300$ further in arrears.

Does anyone know how this will affect the AOS? We do have someone who is willing to co sponsor who for sure make 125% of poverty guildelines but will it matter if my husband owes so much in arrears?

[DandT14 272]

Just had another question to add to my situation... I had asked it once before but never did get an answer so I was wondering if anyone knew. My husbands 2 younger children in which he pays child support for do not live with us. Ive read on some posts where someone said that they should not be listed if they do not live with us Is this true?

And also..he's currently had 4 owed in child support arrears. His child suport is coming directly out of his pay checks.. 50% of each check goes to child support but still doesnt pay enough to cover the 2100$ in child support that's owed every month. He filed for a modification but was told it could be up to 8 months before he even finds out if it can be done without going through court. The longer that takes..the further into child support arrears he goes into. The reason his child support is so high is because when they first made the child support arrangements, he owned his own business and was making enough to pay that. But he no longer has his business and is working a completely new job where he's now only making 48k per year. He gets paid on a weekly basis on average of about 900 per week after taxes. Then after child support is deducted he brings home just under 450 every week. So the average month the child support being deducted will only cover 1800 of the 2100 in child support, so every month hes falling another 300$ further in arrears.

Does anyone know how this will affect the AOS? We do have someone who is willing to co sponsor who for sure make 125% of poverty guildelines but will it matter if my husband owes so much in arrears?

Did you start a separate thread with these questions? Someone must know for sure. My guess would be that he should count the children he pays support for, because they are his dependents. You have a co-sponsor, so I don't think his income will be a problem. But I'm thinking that there's a possibility that they will decide that the likelihood of you becoming a public charge is high, since he isn't really supporting his children at this point. (Not trying to be harsh, just thinking of the way they might see it.) I'm just guessing here, I don't know. Hopefully someone who knows more will be along to give you a better answer.

[Confused785 3]

Yeah I thought about that, the way they may see it as he's not supporting them. He is technically pay 1800 a month to child support but it isnt covering the full current required payment. And until a modification can be made, The the child support will keep going into arrears.

His current income over all is enough to support a family of four under poverty guidelines. The child support amount has just always been an insanely high amount for him to pay, but to try and keep his ex happy for the kids sake of course, he hadn't gotten it lessened. Now with the co sponsor, i understand that they are responsible for me financially if my husband fails to be able to support me financially. So with someone else as a co sponsor would they still consider me a risk of a public charge ?

[Teddy B 17,252]

Just had another question to add to my situation... I had asked it once before but never did get an answer so I was wondering if anyone knew. My husbands 2 younger children in which he pays child support for do not live with us. Ive read on some posts where someone said that they should not be listed if they do not live with us Is this true?

And also..he's currently had 4 owed in child support arrears. His child suport is coming directly out of his pay checks.. 50% of each check goes to child support but still doesnt pay enough to cover the 2100$ in child support that's owed every month. He filed for a modification but was told it could be up to 8 months before he even finds out if it can be done without going through court. The longer that takes..the further into child support arrears he goes into. The reason his child support is so high is because when they first made the child support arrangements, he owned his own business and was making enough to pay that. But he no longer has his business and is working a completely new job where he's now only making 48k per year. He gets paid on a weekly basis on average of about 900 per week after taxes. Then after child support is deducted he brings home just under 450 every week. So the average month the child support being deducted will only cover 1800 of the 2100 in child support, so every month hes falling another 300$ further in arrears.

Does anyone know how this will affect the AOS? We do have someone who is willing to co sponsor who for sure make 125% of poverty guildelines but will it matter if my husband owes so much in arrears?

It states in the instructions for the I-864 Affidavit Of Support under "How Do I Count Household Size", that "your household size includes yourself and the following individuals, no matter where they live, any spouse and any dependent children under the age of 21". You can read more here: I-864 Click on the instruction link fo all of this info.

Your husband should get himself back to court and have those support payments reduced to something that fits his new income.

[Confused785 3]

Yeah my husband is working on the modification thru the child support agency. They told him that they have up to 6 months to decide what a reasonable modification is and if his ex spouse then disagrees then they will suggest going to court. Thats why I say it could be anywhere from 8 months plus before he even knows if he can get the modification to suit his income. With that being the case. To get things back in order if child support arrears affects me even if i have a co sponsor then I would have to wait to file my AOS until we can figure out some way of getting his child support arrears in order, which we clearly don't have the income to be able to cover it now since the remainder of his checks once child support is deducted from them goes straight to rent and bills.

I wasnt sure about if he was sposed to add the younger kids or not.. But we do have thier birth certificates and everything in with our AOS paperwork that we were putting together just incase.

But as for the arrears, Does anyone know how this will affect me if I have a co sponsor?

[Teddy B 17,252]

Yeah my husband is working on the modification thru the child support agency. They told him that they have up to 6 months to decide what a reasonable modification is and if his ex spouse then disagrees then they will suggest going to court. Thats why I say it could be anywhere from 8 months plus before he even knows if he can get the modification to suit his income. With that being the case. To get things back in order if child support arrears affects me even if i have a co sponsor then I would have to wait to file my AOS until we can figure out some way of getting his child support arrears in order, which we clearly don't have the income to be able to cover it now since the remainder of his checks once child support is deducted from them goes straight to rent and bills.

I wasnt sure about if he was sposed to add the younger kids or not.. But we do have thier birth certificates and everything in with our AOS paperwork that we were putting together just incase.

But as for the arrears, Does anyone know how this will affect me if I have a co sponsor?

I'm not sure what your state laws are on child support, but isn't there some way he can get before a judge sooner than 6 or 8 months? If it's causing him financial despair, which it is, then he should be able to get it changed in a timely fashion. I doubt him being in arrears will affect your AOS because you have a co sponsor, but you should definitely check with your lawyer.

[Confused785 3]

Yeah the only possible way for him to go back to court and get it changed much sooner would be to have a lawyer to represent his case. We currently live in california, and cost of living is higher here then it is in Nebraska which is where the kids have been living for a year now. But the child support agency still goes by california cost of living. So on average they take 1/3 from what we've calculated from his monthly pay to figure out how much child support should be. Obviously the current child support agreement is alot more than 1/3 of what he now makes. My immigration lawyer , he specializes in immigration law but when I looked up child support lawyers, his name also came up coincidentally. We are going to try and set up a meeting with him for immigration questions but maybe will ask about the child support as well.

Reading others interview stories , of whom had children from previous marriages.. I havent found any that require proof of child support payments, other than if its the naturalization interview.

Once the modification can be made..then it will be easier for my husband to make a payment plan towards getting the arrears paid off. He is working on his IRS payment plan tonight, hopefully they can get some sort of good agreement going.

Im just a little worried about his child support arrears affecting me becoming a resident. Though even if they conclude that he doesnt make enough money to support me financially, it should be covered by the co sponsor I would think. As to prove that I wont be a burden on the state?