I can't do AOS now

[aaron2020 11,651]

Thanks for all of your reply.

Maybe I can open an account in the bank here because I've gotten my SSN.

I still can support this family in finance monthly without working because I have enough savings in China to do so. I'm so lucky for this point. I came here and married with him was not for his money, just because of love. In fact we've signed pre-marriage agreement which indicates his money is his and mine is mine if we divorce. I even agree to sign a post-marriage agreement to avoid losing his properties or money once he signed Form I-864. But after consulting with some lawyers, the risk still exists because the federal law is above all other law. So we can do nothing to avoid his worry. He said I would be so selfish if I asked him to sign that uncomfortably. He checked online(I don't know which website) and told me that my stay was legal because I marriage within 90 days after arrival. Even the police couldn't arrest me or deport me. He said I could still get my driver's license without green card and I still could get my green card after he signed it in 1 or 2 years. The penalty from immigration was to take a longer time to be approved. He asked me to decide to leave here or to go back. I decided to stay here and see what will happen in 1 or 2 years. But I feel upset if I don't have a legal identification.

Are you freakin' kidding?????? He is the one being selfish.

HOW IS IT LOVE TO MAKE YOUR WIFE AN ILLEGAL ALIEN WHEN YOU CAN MAKE THE ONE PERSON YOU CANNOT LIVE WITHOUT A LEGAL RESIDENT??????

Your husband is an idiot. ICE can arrest you. Why would ICE not be able to arrest you for being illegally in the US? You got papers saying that you are legal? NO!!!!

If you are "lucky" to live in a state that allows illegal aliens to get a driver's license, then that's great. Most states don't allow illegal aliens to get driver's licenses.

Good luck with your choices. Your husband is an idiot at best. He is so selfish. If he didn't trust you, then he shouldn't have petition for you and married you.

Since your idiot husband thinks that signing the I-864 is bad for him. What will change in 1 or 2 years? He will still be signing the exact same agreement.

Tell the idiot that if you get your green card, it will be 3 years before you get your US citizenship. Once you get your US citizenship, the I-864 he signed will end. The longer it takes you to get US citizenship, the longer the I-864 will hang over both your heads.

All of this stupidity can end in 3 years if your husband signs the I-864 now.

--

Sorry if calling your husband an idiot offends you. It offends me more that he would rather his wife (the person he loves the most) live as an illegal alien rather than a normal person.

Edited January 18, 2013 by aaron2020

[Moomin 292]

Thanks for all of your reply.

Maybe I can open an account in the bank here because I've gotten my SSN.

I still can support this family in finance monthly without working because I have enough savings in China to do so. I'm so lucky for this point. I came here and married with him was not for his money, just because of love. In fact we've signed pre-marriage agreement which indicates his money is his and mine is mine if we divorce. I even agree to sign a post-marriage agreement to avoid losing his properties or money once he signed Form I-864. But after consulting with some lawyers, the risk still exists because the federal law is above all other law. So we can do nothing to avoid his worry. He said I would be so selfish if I asked him to sign that uncomfortably. He checked online(I don't know which website) and told me that my stay was legal because I marriage within 90 days after arrival. Even the police couldn't arrest me or deport me. He said I could still get my driver's license without green card and I still could get my green card after he signed it in 1 or 2 years. The penalty from immigration was to take a longer time to be approved. He asked me to decide to leave here or to go back. I decided to stay here and see what will happen in 1 or 2 years. But I feel upset if I don't have a legal identification.

Okay, so lets get the elephant out of the room.

By you working, it means contributing with income, paying bills, taxes, health insurance. You become less of a potential public charge. The ONLY reason for the I864 is IF you become a public charge and claim certain benefits. When you already have a saving(and if you got a job after getting work permit/EAD) you'd basically not pose a risk. The only way that the government can claim anything from your primary sponsor is if you become a public charge.

Right now, you can't work because you're not authorized to do so. Try explaining that to your husband. If he wants to sign papers in 1-2 years, then that indicates you'll still be together in 1-2 years.

If you later down the road decide to go for citizenship, his sponsorship will end after that. You can go apply when having been a greencard holder based on your married for 3 years. It seems silly to wait 1-2 years to apply for greencard/AOS. SInce you've already waited this long and he wants to wait more years, by the time he'd sign the papers would basically have been the time the contract was up.

[Villanelle 4,122]

Wow. I believe your husband is seriously misinformed about what the 864 is and is not and what happens when you fail to file for AOS.

First of all the 864 is a contract between your husband and the government. The purpose of the 864 is to allow the U.S. government to seek reimbursement from the US sponsor (your husband) for any means-tested public benefits the government issues to the foreign national (you).

The obligation under the Affidavit of Support continues until one of the following occur: (1) the foreign national completes 40 quarters of coverage under the Social Security Act; (2) the foreign national becomes a U.S. citizen; or (3) the foreign national loses permanent residence status.

-So-

1.If you never collect any public benefits, your husband will never be billed for them.

2.If you work apx 10 years full time it will expire

3.If you obtain citizenship through marriage in 3 years (after you get your GC) it will expire.

As for being able to drive- dont count on it. Different states have different laws. With out a valid EAD card, you may not be able to gat a license. You can not obtain one with out filing for AOS.

AS for not being arrested. NO. You can be arrested. Once your i94 is expired- YOU ARE OUT OF STATUS>

Its as simple as that. Each day you accrue unlawful presence. When you file for AOS it places you in a period of authorized stay. When your GC is issued the unlawful presence you accrued is forgiven.

Out of status = unlawful presence. They do not have legal presence when out of status. There is no such thing as being out of status but perfectly legal to do so. Being married to a USC does not give you a legal presence in the US. What marrying within the 90 days of entry does is make them eligible to file for AOS. As long they remain in the US and married to the USC that petitioned them, they are eligible to file for AOS no matter how much time goes by. It does not mean they have a legal presence without the possibility of being detained. It means they are eligible to file for AOS. You can have unlawful presence(be out of status with overstay) and still remain eligible to adjust status in order to gain permanent residency(legal presence).

I quoted the above from another thread Jay-kay posted in. So ty Kay.

There are plenty of threads on VJ explaining this. While it is a remote possibility that you would be detained, you should understand that if you are arrested and fingerprinted, you will be detained as you are an out of status alien. You will be brought to an immigration jail for processing. You will also not be allowed to leave the US at any time.

Quote again Jay-kay

There is a reason people whose I-94 has been expired longer than 180 days are told not to bother filing for AP. This is because they have overstayed(had an unlawful presence) for over 6 months and will trigger a ban if they leave the US. They DO accrue overstay time from the moment their I-94 expires. Once they file for AOS, no more days will accrue and the overstay will not matter once they are approved for their green card. Overstay is 'forgiven' for a spouse of a USC, even those adjusting from other visas besides the K-1.

I dont know where your husband is getting his information but he is wrong.

[pieroot 43]

How do you feel with your husband's decision not to complete the AOS for you? We can't tell you what to do, but goodness it sounds like a bad position to be in. I'm sorry to hear your predicament.

[Sirdaniel42 86]

holding a green card is tantamount to you successfully participating in USA society and economy.

Without it, IMO, you've just become a house-slave.

[AmyWrites 593]

Your husband is lying to you, manipulating you, and controlling you. He is trying to make you into his house slave. With your status in the air like this, you will be essentially useless. If you have some money, I would leave NOW. This man is NOT a good man. He purchased you, or is treating you as if he has. He got his new slave to the States, now he wants no obligations to her. If he cared so much about now owing anything to the Fed, he would've moved to China or tried to live with you in a third country; the fact that he brought you on a K-1 and now doesn't want to give you status just, again, proves he wants a slave.

Edited January 18, 2013 by AmyWrites

[Craazy 0]

No excuses for him.. He brought you here and married you .. If he doesnt feel comfortable he should have thought about that before proposing. I trust my husband and believed in our relationship enough to bring him here marry and sign the forms for aos . Without trust there's is only imprisonment in the relationship.. You deserve to have every opportunity as everyone else in this country!!! NO what ifs !!!

[khwaidee1 196]

I'm just curious, what would change in 1-2 years time? What would make him "more" comfortable signing it then? It will have the same ramifications today, tomorrow and two years from now. That is just so wrong.

[Donna & Paul 4]

Firstly, does your husband fully understand the ramifications of not signing the I-864? Personally, I could not have married a person I did not feel comfortable singing the I-864 for.

Secondly, signing the I-864 does not make a person completely financially responsible for the other person as I understand it(someone correct me if I am wrong). If you filed for bankruptcy at some future date he would not be responsible for that. He is only signing to say he is responsible for you should you become a dependent on government assistance in the future. As long as you don't apply for food stamps or welfare then there is no issue. I don't even think he would be responsible if you were to apply for unemployment as that is an insurance an employer pays for in case you lose your job through no fault of your own or are wrongly terminated.

Without AOSing you cannot fully participate in the marriage in my opinion. You cannot contribute and become independent as it seems he would like if he doesn't want to be responsible for you. It seems more likely a self-fulfilling prophecy on his part not to file for your AOS.

Edited January 19, 2013 by Donna & Paul

[Darnell 8,479]

He signed the I-134 but not the I-864? It's the same stuff.

Alas, the I-134 is not legally binding.

The I-864, otoh, is.

[Darnell 8,479]

Legal Permanent Resident Holders do not qualify for federal means-tested-benefits until 5 years have passed, from green card first issuance date.

The I-864 is asking for repayment of federal means-tested-benefits, from the USCitizen, should the Legal Permanent Resident receive them.

I think his issues are non-issues, as you won't even be eligible to receive them until 5 years (past first greencard issuance date) transpires.

So, have another think, aye?

Please?

Thanks for all of your reply.

Maybe I can open an account in the bank here because I've gotten my SSN.

I still can support this family in finance monthly without working because I have enough savings in China to do so. I'm so lucky for this point. I came here and married with him was not for his money, just because of love. In fact we've signed pre-marriage agreement which indicates his money is his and mine is mine if we divorce. I even agree to sign a post-marriage agreement to avoid losing his properties or money once he signed Form I-864. But after consulting with some lawyers, the risk still exists because the federal law is above all other law. So we can do nothing to avoid his worry. He said I would be so selfish if I asked him to sign that uncomfortably. He checked online(I don't know which website) and told me that my stay was legal because I marriage within 90 days after arrival. Even the police couldn't arrest me or deport me. He said I could still get my driver's license without green card and I still could get my green card after he signed it in 1 or 2 years. The penalty from immigration was to take a longer time to be approved. He asked me to decide to leave here or to go back. I decided to stay here and see what will happen in 1 or 2 years. But I feel upset if I don't have a legal identification.

[Sam and Fen 41]

Legal Permanent Resident Holders do not qualify for federal means-tested-benefits until 5 years have passed, from green card first issuance date.

Hi Bucky. I think that is state dependent, for example in NY you can get MedicAid irrespective of your status.

[verysadguy 170]

Alas, the I-134 is not legally binding.

The I-864, otoh, is.

Darnell is correct. I discovered my wife's scam before I did an I-864 thank goodness. The I-134 is not legally binding.

Unfortunately for me, her family gave her money to fight the prenup and she got several thousand dollars out of me, plus legal fees!

Isn't America great? Romance scam someone to get here, then cash in.

I hope that there is a more valid reason your hubbie doesn't want to sign. Poor you. True love is many people's dream and requires trust and communication.

[Darnell 8,479]

Hi Bucky. I think that is state dependent, for example in NY you can get MedicAid irrespective of your status.

Sam - ssssssssssssh - use my secret squirrel name here, instead, aye? Thanks so much !

as to other states that allow it - It's not supposed to be awarded, actually. The State of NY has different rules, and combines some state monies. Regardless, it's a big mess in NY - we read about thousands of Chinese Immigrants, recently in NY State, who applied for it and got it. It's a boondoggle, to be certain.

[Villanelle 4,122]

Hi Bucky. I think that is state dependent, for example in NY you can get MedicAid irrespective of your status.

Nope. Emergency medicaid is available in all states (NY included) to everyone regardless of status. Regular medicaid is not. You can also get medicaid coverage if you are pregnant irrespective of your status.

"Medicaid coverage is available, regardless of alien status, if you are pregnant or require treatment for an emergency medical condition. A doctor must certify that you are pregnant or had an emergency, and you must meet all other Medicaid eligibility requirements."