A few questions please.

[Tanja08 11]

No he CAN adjust from vwp!!!

[KayDeeCee 4,893]

I do not believe that he could adjust from VWP, persons whom were admitted into the USA under the VWP generally, are not eligible to adjust status in the country.

Not so. They are eligible to apply for adjustment of status. They just cannot appeal if their case is denied.

[gstrength 20]

You can adjust from vwp!!! And I don't think 6 years is a big age gap.

note the word "generally", it does not say impossible, but I think the AOS process has to start before the 90 days of admittance pass. Again, should consult an attorney, most won't charge for the first consultation; and I agree with you,Tanja08, 6 years is not that big of a gap, I am 13 years older than my wife and, I did not have any problems on that respect.

[Tanja08 11]

note the word "generally", it does not say impossible, but I think the AOS process has to start before the 90 days of admittance pass. Again, should consult an attorney, most won't charge for the first consultation; and I agree with you,Tanja08, 6 years is not that big of a gap, I am 13 years older than my wife and, I did not have any problems on that respect.

You are allowed to adjust from vwp, an overstay will be forgiven if you are married to an US citizen!

It used to be different a couple years ago, when uscis would deny vwp applicants. But they changed that again.

BUT you can not appeal if denied! And if you overstayed you will be banned for ten years or so!

[Kaygrace 0]

Hey,

i have one question, if you don't mind how did you get your husband a Florida ID while being here as an overstay? Didn't you have to give them proof, that he lives here?

Hello, yes well they gave him a temporary ID.

That only lasts a year, I told them he had no social number that he was Canadian and the lady gave him one as a temporary resident.

It had to be sent to Tallahassee first but it was approved.

[Harpa Timsah 13,258]

Canadians are not on the VWP anyway, so this discussion is off point. Canadians enter under the terms of a B2 visa without having to apply for it.

OP: If you do not qualify for the I-864, then you need a co-sponsor. You are the primary sponsor no matter what, so you fill out a I-864 and put down zero for your income. It doesn't matter if you have a little income - if you do not qualify, there is no need to put your insurance money.

The co-sponsor needs to qualify on their own for their household size plus the immigrant. If it is your mom, that household still includes you because you are on her tax return.

Would you restate what questions you still have? The thread has gone off track and I (and probably others) am a little unsure what is going on now.

Regarding the name change, I think he will need a court order to change his name, as far as I know the marriage cert does not allow him to do this by itself in most states. USCIS is federal anyway and I don't think the federal law is set up this way.

Edited November 24, 2012 by Harpa Timsah

[Kaygrace 0]

note the word "generally", it does not say impossible, but I think the AOS process has to start before the 90 days of admittance pass. Again, should consult an attorney, most won't charge for the first consultation; and I agree with you,Tanja08, 6 years is not that big of a gap, I am 13 years older than my wife and, I did not have any problems on that respect.

What 90days? I am extremely worried now :/

I thought as long as you have the proof we're in a real marriage and he will not be a financial burden on the U.S that should be sufficient?

Aside from all the paperwork and money etc.

Obviously I have to get this right the first time if the VWP doesn't allow appeals.

I was feeling confident I could get this done..

I talked to an attorney before he was going to become an "overstay" and they attorney said to go to the Bahamas and recheck him back in, I was worried they'd not let him re-enter so I choose against it. I haven't had much luck with an attorney..

Edited November 24, 2012 by Kaygrace

[Harpa Timsah 13,258]

Kay: stop. There is a lot of misinformation in this thread. Your husband is NOT on the VWP and there is no 90 day anything.

[ValerieA 350]

Kay, you have been given a lot of bad information on this thread. Your husband is from Canada, so he came in on a de facto B-2 visa, not the VWP. Harpa is a valuable source of information on this forum, btw, they won't steer you wrong. Ask us the questions you have regarding your case, and let's try this again. I don't think you need a lawyer, you should be able to do this yourself, with help from this site. It is pretty straightforward.

And use this guide.

[Kaygrace 0]

Kay: stop. There is a lot of misinformation in this thread. Your husband is NOT on the VWP and there is no 90 day anything.

Okay, thank you. From reading I thought Canadians were on the VWP because he did not receive an I-94?

You're saying they're just automatically given the ( B2?) visitor visa? (Sorry still learning all the names of them)

So if he is denied does he still not to get to appeal?

**Restating my questions so they don't go off topic**

My main questions now are am I on the right path of accomplishing the AOS?

Is the Temporary Florida ID they gave him going to hurt him?

Should I wait for the SSI I receive until graduation to end before applying for AOS?

Or just put down I make "0" income and to have my father fill out the I-864 along with mine?

Since my mother and father's tax are jointly done should I black out the parts that list my mother's disability or will they not take her into consideration because my father is the only one agreeing to be the sponsor?

Also, should I add my husband onto my lease if possible that's not going to cause unnecessary risks?

(I'm afraid to have him do anything these days after learning this information)

The best choice is NOT to change his last name correct? That will not weaken our if we keep two separate names?

Thank you all for replying to my post~

[Harpa Timsah 13,258]

Yes he is in a special class as a Canadian visitor. He doesn't have a I-94 but he entered under the terms of a B2 visa. It's a special agreement with Canada.

To your questions:

Yes, you are on the right path. ValerieA linked the guide.

2. No, why would an ID hurt him?

3. No, why?

4. Yes.

5. Your mother will fill out I-864A and use her income. Is she not agreeing to help? Do not black out the taxes, very bad idea.

6. You can add him to the lease.

7. He can do whatever he wants with his name, but I do think it will require a court order, so that means a delay. Personally I would have him keep his name and then work on getting the court order and when you file for Removal of Conditions two years away, I would send in the paperwork with the new name and proof of name change. Or, you could wait for 3 years (or so) until citizenship, where you can change the name for free. What your name is does not make your case strong or weak - it's irrelevant.

[ValerieA 350]

Canadians crossing the border have a special status, which is exactly like having a B-2 visa. As such, they can appeal a USCIS decision. You are on the right track, it's a nerve-wracking process, but it is relatively quick - 3-5 months, usually - and after it is all done, we all wondered why we had been so stressed.

I see no reason why a temporary ID will hurt him. It's not like he claimed to be a US citizen to get it.

Do not wait to apply for AOS, your SSI will not impact it one way or the other. I'm going to defer all the joint sponsor questions to others, though, since I didn't use one and am not up on all the ins and outs.

DEFINITELY add your spouse to your lease, that is good proof of a bonafide relationship. Anything you can add him to (insurance, bank accounts, utilities) will help your case.

I wouldn't change his last name at this time, I think that adds an unnecessary wrinkle that could only cause problems. It's normal nowadays for couples to not have the same last name.

[Kaygrace 0]

Yes he is in a special class as a Canadian visitor. He doesn't have a I-94 but he entered under the terms of a B2 visa. It's a special agreement with Canada.

To your questions:

Yes, you are on the right path. ValerieA linked the guide.

2. No, why would an ID hurt him?

3. No, why?

4. Yes.

5. Your mother will fill out I-864A and use her income. Is she not agreeing to help? Do not black out the taxes, very bad idea.

6. You can add him to the lease.

7. He can do whatever he wants with his name, but I do think it will require a court order, so that means a delay. Personally I would have him keep his name and then work on getting the court order and when you file for Removal of Conditions two years away, I would send in the paperwork with the new name and proof of name change. Or, you could wait for 3 years (or so) until citizenship, where you can change the name for free. What your name is does not make your case strong or weak - it's irrelevant.

Thank you, for your patience with me I really appreciate all the help you've given.

I don't know I was just thinking irrationally he did not claim to be a US citizen to get the ID but it does say he resides in Florida.

I wasn't going to use her since she receives SSI Disability as her sole income now. Should I use hers as well?

My dad makes above the 125% now but he's only been back in work since January. Do I need both him and my mother?

I'll leave the name as is.

One last question in case you know. We recently moved to a new address the one where I am adding him onto the my lease. His Florida ID says my parents address that he and I were staying at. Which address should I put? Do I need to change his Florida ID to our new lease address? (I'm not sure they can even change it, since it is temporary?)

Oh! and on the I-94 just list he doesn't have one?

Canadians crossing the border have a special status, which is exactly like having a B-2 visa. As such, they can appeal a USCIS decision. You are on the right track, it's a nerve-wracking process, but it is relatively quick - 3-5 months, usually - and after it is all done, we all wondered why we had been so stressed.

I see no reason why a temporary ID will hurt him. It's not like he claimed to be a US citizen to get it.

Do not wait to apply for AOS, your SSI will not impact it one way or the other. I'm going to defer all the joint sponsor questions to others, though, since I didn't use one and am not up on all the ins and outs.

DEFINITELY add your spouse to your lease, that is good proof of a bonafide relationship. Anything you can add him to (insurance, bank accounts, utilities) will help your case.

I wouldn't change his last name at this time, I think that adds an unnecessary wrinkle that could only cause problems. It's normal nowadays for couples to not have the same last name.

Thank you as well for your help just that same question in case you know as well.

**

"One last question in case you know. We recently moved to a new address the one where I am adding him onto the lease. His Florida ID says my parents address that he and I were staying at. Which address should I put? Do I need to change his Florida ID? I'm not sure they can even change it, since it is temporary. "**

Edited November 24, 2012 by Kaygrace

[ValerieA 350]

Check on it being temporary, not sure why that is - a quick look at the FL DMV site says that the ID should be valid for 8 years. Did he just get it, so you just haven't received the "permanent" card in the mail yet? Anyway, yes, use the address you are living at, or it will look funny - why is he on a lease for an address that doesn't match his current address? And then having the ID card having the new address is one more piece of proof of a bonafide relationship.

[Kaygrace 0]

Check on it being temporary, not sure why that is - a quick look at the FL DMV site says that the ID should be valid for 8 years. Did he just get it, so you just haven't received the "permanent" card in the mail yet? Anyway, yes, use the address you are living at, or it will look funny - why is he on a lease for an address that doesn't match his current address? And then having the ID card having the new address is one more piece of proof of a bonafide relationship.

It says temporary on the card. I'll call the dmv Monday and see if they can change it or switch it to permanent. I think they would have done that in the beginning I have no idea why it is temporary, I guess because he doesn't have a green card?

They didn't process it at the DMV it had to be sent to Tallahassee and it was received in the mail.

We just recently moved to a new address last month, we were living at my parents address before then which is why we got his ID at that address, My ID is still at that address as well, I need to change mine too I assume before AOS?

Thanks again:)

I looked on the Florida DMV site and it seems like a fairly simple to send in to get a new one, maybe I should try that and see if they update his address on the ID, but it does expire in January so if I am unable to get it updated after that I wonder if it was cause problems for the case?

Edited November 24, 2012 by Kaygrace