worried about applying for green card without an attorney but don't have enough money for attorneys

[Coleman21 6]

I'm an international stduent from Japan. I am a junior at college in NY state. I met my husband (American citizen)on the internet in March 2010. I came to the USA as an F-1 student in August 2010 and went see him in person in GA during winter break in 2011. My parents got upset when I told them everything honestly about our relationship, so I went back to Japan to talk with my parents during the same break. But my parents tried to separate us for good by saying if I don't break up with my husband for good, they will keep me in Japan, etc.... I spent most of my money I had saved on a plane ticket to go back to GA and got married to my husband the next day. I found that it could be seen as fraud because I entered the USA to study in the USA and got married the next day.. but after marriage in January 2012, while it was still winter break, my parents decided to keep funding me like they had before, and my husband and I started living together near my college and I have been going to school. So will we be okay as long as we prove that our marriage is real and for love?

My story continues though.. last fall (2012) my father in law lost his job and yet spent a lot of money on our living expenses etc, so my parents suddenly said they were not going to pay for the apartment rent this time, I had to talk with my parents and they said if I come back to Japan for the winter break, they will pay the rent. But when I went back, they told me to get a divorce with my husband, otherwise they will stop funding me. I went back to school last month and I'm still in school, but we decided to stay married and my parents are not funding me anymore.

We would like to apply for green card through marriage, and we will be ready financially next month. But we don't have enough money for apartment from next semester and I am thinking of having a leave of absence and go back to GA with my husband to live with his parents for a while. We would like to move during summer break, which will start in May and end in August, but if I move after applying for green card but haven't got approved yet, will I be in trouble, or do I just need to report the change of address? I am worried because I know I will remain an international stduent until I get green card. But since this will be during summer break, I was wondeirng if it is okay.

Also, my husband's family want to be our joint sponsor, and they get upset when I indicate I want to get a different one.. My husbands' father has been in bankruptcy although his income itself had been pretty high until last year. As for this year, he got a new job last December, and his working hours differ from week to week, and the annual income for this year may not be enough for the household size.. When I said that to my mother in law, she said you only need to estimate this year's annual income, and my father in law is looking for a better job and my brother in law can get a job soon, so everything is fine. Is it really so? I read the instruction for I-864, and it does sound like USCIS does not care too much about this year's income, but I don't know the reality..

Also, as much as we want an attorney, we may not come up with enough money for an attorney. Is our case still doable without an attorney? We have been asking questions to attorneys for free as much as we can, but would we need an attorney at the interview? We already tried pro vono, but they had a long waiting lists for people with complicated issues like deportation, so they didn't take us.. They said our case is straightforward but the people who said that were not real attorneys but just assistants at the office. Lawyers say our case is a little complicated but we should be still okay.

Finally, what happens if I fail to get green card whether I'll be in NY or GA at the time of denial? Would I be immediately deported?

[seth2013 39]

Hi,

There is no fraud even if you got married the next day, as long as you weren't planning to immigrate when you came back to the US, which it sounds like you weren't going to do. Go ahead and fill out the AOS forms. Even if you did get denied (which I really don't think you will), your F-1 visa is still valid, just don't leave the country. You will NOT be immediately deported. I asked my attorney this question specifically.

About the joint sponsor thing, they really are only looking at your current income I believe. So if your family just got a great paying job, they won't look at the past year even if they were unemployed. A letter from your father-in-law's employer and pay stubs would suffice, as long as you meet the correct income threshold.

Your case does seem pretty straightforward, once you start filling out the forms it will all be pretty simple. Please feel free to PM me any questions, I just went through this same thing with my husband from Japan

Edited February 14, 2013 by sethless

[hmh33 117]

[sensible things]

Agreed.

[Coleman21 6]

Thank you very much for your answer. So I think the problem is my husbnad's parent's current income.. He got his current job in the end of last December, and he started working for 60 hours a week with 15 dollars hourly salary. But his working hours are sometimes cut, so his weekly salary changes from week to week, and he is looking for a better job. Meanwhile, my mother in law added another person on the recent tax return! So if my understanding of household size is correct, the number of the household members is now 7. I got upset and told my mother in law about it, but she is like, "what's the problem? we made more than enough income for the past three years, and we only need to estimate this year's income, and we don't need to submit proof." Is this really okay? Or should I find a different joint sponsor? If I do not find a different joint sponsor, would it be alright to have my father-in-law as our joint sponsor?

Also, I heard that if I move to GA while the application is still in process, there will be delay in getting green card.. if it's delayed so much that I end up getting green card while I'm having leave of absence, is that ok? Because I know that F-1 students are supposed to go back to their country while they take a semester off or a year off. But I also heard that if you are applying for green card through marriage, you can stay in the USA because you have a purpose to stay. What do you think?

And if we do move to GA from NY during the application process, will we have to have a new joint bank account in GA? All the bills like electricity will be paid by my parents in law, so I think there will be less evidence of my husband and me living together, but it's also true that his parents' house is a house owned by his parents, so it's more of permanent address than our current apartment address...

Sorry I have more questions.. I'm working on campus legally now, but if I can't prove I will be working at the same place after getting green card, should we not include my income? My income is 7.25 per hour and work for 9.5 hours a week, so it's not much anyway.. The applicatino instruction says if an immigrant's income is included in affidavit of support, we have to prove that the immigrant will continue to work for the same employer, so if I probably can't even attend my current school next semester, is it better to not include my income?

On the other hand, my husband has a side job at church, but it's not a taxed job. But if since we are getting a joint sponsor anyway, do you think he can include his estimated annual income from church? I was thinking maybe if the pastor writes a letter saying my husband works there, it might be used as an employment letter...

Thank you for all the advice and suggestions!

Hi,

There is no fraud even if you got married the next day, as long as you weren't planning to immigrate when you came back to the US, which it sounds like you weren't going to do. Go ahead and fill out the AOS forms. Even if you did get denied (which I really don't think you will), your F-1 visa is still valid, just don't leave the country. You will NOT be immediately deported. I asked my attorney this question specifically.

About the joint sponsor thing, they really are only looking at your current income I believe. So if your family just got a great paying job, they won't look at the past year even if they were unemployed. A letter from your father-in-law's employer and pay stubs would suffice, as long as you meet the correct income threshold.

Your case does seem pretty straightforward, once you start filling out the forms it will all be pretty simple. Please feel free to PM me any questions, I just went through this same thing with my husband from Japan

[Princesa Ruth 1]

you don't need an attorney. Just read some forum here and ask some question and you'll find answer. The whole time, I and my husband did it all by ourselves with the help of GOD not of an attorney.

I'm an international stduent from Japan. I am a junior at college in NY state. I met my husband (American citizen)on the internet in March 2010. I came to the USA as an F-1 student in August 2010 and went see him in person in GA during winter break in 2011. My parents got upset when I told them everything honestly about our relationship, so I went back to Japan to talk with my parents during the same break. But my parents tried to separate us for good by saying if I don't break up with my husband for good, they will keep me in Japan, etc.... I spent most of my money I had saved on a plane ticket to go back to GA and got married to my husband the next day. I found that it could be seen as fraud because I entered the USA to study in the USA and got married the next day.. but after marriage in January 2012, while it was still winter break, my parents decided to keep funding me like they had before, and my husband and I started living together near my college and I have been going to school. So will we be okay as long as we prove that our marriage is real and for love?

My story continues though.. last fall (2012) my father in law lost his job and yet spent a lot of money on our living expenses etc, so my parents suddenly said they were not going to pay for the apartment rent this time, I had to talk with my parents and they said if I come back to Japan for the winter break, they will pay the rent. But when I went back, they told me to get a divorce with my husband, otherwise they will stop funding me. I went back to school last month and I'm still in school, but we decided to stay married and my parents are not funding me anymore.

We would like to apply for green card through marriage, and we will be ready financially next month. But we don't have enough money for apartment from next semester and I am thinking of having a leave of absence and go back to GA with my husband to live with his parents for a while. We would like to move during summer break, which will start in May and end in August, but if I move after applying for green card but haven't got approved yet, will I be in trouble, or do I just need to report the change of address? I am worried because I know I will remain an international stduent until I get green card. But since this will be during summer break, I was wondeirng if it is okay.

Also, my husband's family want to be our joint sponsor, and they get upset when I indicate I want to get a different one.. My husbands' father has been in bankruptcy although his income itself had been pretty high until last year. As for this year, he got a new job last December, and his working hours differ from week to week, and the annual income for this year may not be enough for the household size.. When I said that to my mother in law, she said you only need to estimate this year's annual income, and my father in law is looking for a better job and my brother in law can get a job soon, so everything is fine. Is it really so? I read the instruction for I-864, and it does sound like USCIS does not care too much about this year's income, but I don't know the reality..

Also, as much as we want an attorney, we may not come up with enough money for an attorney. Is our case still doable without an attorney? We have been asking questions to attorneys for free as much as we can, but would we need an attorney at the interview? We already tried pro vono, but they had a long waiting lists for people with complicated issues like deportation, so they didn't take us.. They said our case is straightforward but the people who said that were not real attorneys but just assistants at the office. Lawyers say our case is a little complicated but we should be still okay.

Finally, what happens if I fail to get green card whether I'll be in NY or GA at the time of denial? Would I be immediately deported?

[seth2013 39]

Hey, so take a look at this form here: http://www.uscis.gov/files/form/i-864p.pdf

It looks like, for a household of 7, the income needed would be $43,662. If he makes that, no problems. But at $15/hr I don't believe he would meet the requirement. Someone else would need to get a job, or you would need to find another joint sponsor. He is very close to the min requirement though, so even a part time job on your part should work.

Akira (my husband) had a part time job at school that we used as evidence of income. If you kept the job you have now through the immigration process, you should be fine. All these jobs are at-will employment, so a letter from your boss with pay stubs would work. Or, you mentioned your brother-in-law would be getting a job soon. That would probably be best.

With an F-1 visa, you can still work on campus during your "summer break" right? That may vary by school, but it's what we did. I would look into that also.

[Coleman21 6]

Thank you for your opinion! It cheers me up!

Agreed.

Thank you so much for your comment. Please pray we will get green card!

you don't need an attorney. Just read some forum here and ask some question and you'll find answer. The whole time, I and my husband did it all by ourselves with the help of GOD not of an attorney.

Thank you very much for your answer. So only if we include my income, doesn't my father-in-law not have to meet the poverty guidelines? If I choose to stay in NY during summer and work on campus, my father in law and I will not be living together because he lives in GA. My husband and I live together, and he is working as a janitor at church but it's not a taxed job...

At any rate, if we do move to GA before I get green card, do we have to submit additional proof that we still live together after the change of address?

Hey, so take a look at this form here: http://www.uscis.gov/files/form/i-864p.pdf

It looks like, for a household of 7, the income needed would be $43,662. If he makes that, no problems. But at $15/hr I don't believe he would meet the requirement. Someone else would need to get a job, or you would need to find another joint sponsor. He is very close to the min requirement though, so even a part time job on your part should work.

Akira (my husband) had a part time job at school that we used as evidence of income. If you kept the job you have now through the immigration process, you should be fine. All these jobs are at-will employment, so a letter from your boss with pay stubs would work. Or, you mentioned your brother-in-law would be getting a job soon. That would probably be best.

With an F-1 visa, you can still work on campus during your "summer break" right? That may vary by school, but it's what we did. I would look into that also.

[Coleman21 6]

I just remembered that one of my husband's brothers is receiving disability checks from social security because of his lungs and heart problem. He gets 700 dollars a month. He moved out of his parents' house recently to live with his girlfriend, but he is on my father-in-law's most recent tax return. Can my father-in-law add his disability check as his income? Because if he can, I think he will meet the poverty guideline, and even if my husband and I cannot stay in NY during summer and thus I can't work on campus, we wouldn't have to get a different joint sponsor. My mother in law says an attorney said we can include the disability checks, but I just want to make sure, because isn't it something like means-tested benefit or is disability check excluded?

Hey, so take a look at this form here: http://www.uscis.gov/files/form/i-864p.pdf

It looks like, for a household of 7, the income needed would be $43,662. If he makes that, no problems. But at $15/hr I don't believe he would meet the requirement. Someone else would need to get a job, or you would need to find another joint sponsor. He is very close to the min requirement though, so even a part time job on your part should work.

Akira (my husband) had a part time job at school that we used as evidence of income. If you kept the job you have now through the immigration process, you should be fine. All these jobs are at-will employment, so a letter from your boss with pay stubs would work. Or, you mentioned your brother-in-law would be getting a job soon. That would probably be best.

With an F-1 visa, you can still work on campus during your "summer break" right? That may vary by school, but it's what we did. I would look into that also.

[Coleman21 6]

Sorry for posting for the third time before getting a reply, but I am so worried... I just read someone else's forum and found that he was denied green card because he and her American wife got married after spending time in person for only 40 days... There were many other red flags for him, but I am worried because I had been with my husband on the internet, and when I saw him in person for the first time, it was December 20th 2011 and on January 6th 2012 we got married. The reason for the early marriage was because my parents tried to separate us for good when I saw him in person, but would the immigration still suspect that our marriage is not based on bona fide? Also our marriage was a small one and only my husband's family and one of his friends came. But we have been married for a year.

I know I can't change the fact and that I don't know if I can get green card until I actually apply for it, but I was wondering how other people think on this forum...

[seth2013 39]

I'm not sure about the checks from disability, maybe someone that knows for sure can answer.

But, I wouldn't worry about the short time before marriage. You can show evidence that you knew each other online (I'm assuming) such as emails with dates and such. Also, you have been married over a year now and Japan is a low fraud country. You have pictures of his family at your wedding, correct? It shouldn't be a problem. Just gather as much evidence as possible and you should be okay.

When I went to my interview, she didn't ask for any evidence at all from us. She could see that we loved each other. We only submitted as supporting evidence in our original packet: copies of our drivers license with the same address, a copy of our car insurance, a couple pictures of trips we took together, and one affidavit from my best friend, and that was it! I'm not saying don't gather as much evidence as you can and be ready, but I am saying that I wouldn't stress about it. You'll be okay

Edit: I just saw your other question about moving to GA. You will definitely need to notify USCIS of your change of address immediately (there is a form for it), and they may ask you whether you are still living together at the interview, so I would just make sure you bring proof of that with you. I don't think you'll need to send any additional proof in though.

Edited February 18, 2013 by sethless

[AnotherLostSoul 167]

I don't want to scare you, or anything, but to me this whole story seems not like a strong relationship. And I'm sure many will disagree with me, but I am still going to share my opinion. Meeting your husband in December, and getting married in January is very very fast. Even if you guys were emailing before it for 3 years, it is just very different than actually "dealing" with the other half while living with them 24/7. Also, the fact that your parents are totally against it, isn't look good either. How are you going to have any relationship with your family (and your kids in the future) if your parents totally reject this whole idea? Just seems very odd. Also, your husband's family gets upset if you ask someone else for affidavit of support? Upset? Really? Anyway, I have a hard time wrapping my head around your story and maybe it is good that I am not an IO as I would really question your marriage...anyway, good luck whatever you decide to do.

[seth2013 39]

I do actually disagree with you a little bit (sorry!) because it just sounds like online dating to me, which seems to have become the norm these days. At least of my 5 close "couple" friends met on online dating websites, but maybe I'm an outlier, I don't know. I DO know that it's very common that couples meet online and date, and then get married after a short period of in-person time. I actually joked a bit with my IO about it after our interview and she said that yes, it's very common.

Also, when I got married, my parents were against it so we eloped! They do love my husband, they just wanted us to finish school first. The IO brought it up briefly in there interview, like one question, and that was it. There was no family at our wedding, no pictures, nothing. Just my best friend and a court-supplied witness. And she didn't care. I know every officer is different, maybe we got really lucky, but this couple sounds like they're both young, in love, have already been married a year, and it doesn't really seem to me like a citizen of Japan would only be "looking for a green card."

That all said, be prepared for anything! Gather all the evidence you have, and be ready. Every Immigration Officer is different, and it's their opinion that counts.