i-130 sent, filing i-485

[Alisha78 0]

hello everyone im new here so i dont know if i posted at the right place !

i came in the US in 2011 with a wvp, overstayed 14 months. i got married last April. we already sent the i-130 and are now filing i-485 but we don't have enough money (1070$).

i know my husband is my sponsor and is supposed to have enough to send i-485 but he is our only income and pays all the bills himself.

i know i cannot request a fee waiver cause USCIS is going to denie it (a lawyer told me that)

do anyone has any option ? what should i do ? Can my AOS get denied because of my overstay ?

i already know what i did is not right but i came as a tourist and not on the purpose of marriage since i met my husband 1 month before the date i was supposed to leave so please be gentle !!!!

By the way, my english is not that good so please be patient with me LOL

[aleful 1,905]

or he borrows money or he waits,

you will also have to do the medical and vaccinations, you have to send the complete AOS packet, not just the i485.

[LittleFox 7]

Hello,

How can you be in the country now? Are you technically staying illegally?

Of course overstaying might be a reason to get denied. Not having the proper financial situation for the Affidavit of Support can be a problem.

You should gather information on Visa Journey.

You should do things properly otherwise you are setting yourself up for failure.

Please, let us know if you have found a solution.

[Pitaya 2,577]

~Moved from Family-based AOS to Work, Student, Tourist-based AOS Forum~

~Inquirer was on VWP~

[ValerieA 350]

Hello,

How can you be in the country now? Are you technically staying illegally?

Of course overstaying might be a reason to get denied. Not having the proper financial situation for the Affidavit of Support can be a problem.

You should gather information on Visa Journey.

You should do things properly otherwise you are setting yourself up for failure.

Please, let us know if you have found a solution.

No. Overstay is 'forgiven' for spouses of US citizens.

OP, until the I-485 is filed, you could be picked up by USCIS - this is very unlikely, but possible. Once it is filed, you enter a period of authorized stay, until it is adjudicated. Gather the money for that and the I-693 as soon as you can and file.

[Alisha78 0]

yes i entered in the U.S with a WVP and yes overstay is forgiven since we are married now. I didnt overstay on purpose that's another story. I am definitely not worried about that.

I finally found the money, now my problem is the affidavit of support :/

his mother want to be a co sponsor but both my husband and her don't make enough money...

And I already did the medical and vaccinations

[NigeriaorBust 4,087]

You are in overstay mode until the AOS is filed. You will never get a green card unless you have a sponsor that makes enough to cover the affidavit of support. At this moment you have no immigration rights inside the US. If you are picked up before AOS f filed you have earned a 10 year ban. IT is much more serious than you thiink

[Alisha78 0]

so what should I do then ?

[belinda63 3,038]

1. Leave the US and obtain a 10 year ban. This will give him time to find a co-sponsor or a second job to meet the requirements of the Affidavit of Support.

2. Remain in the country with the possibility of detention and deportation, very unlikely but possible, until he finds a co-sponsor/a better paying job/second job.

There are pluses and minuses either way.

You do realize that at some point with the I-130 pending he will have to file an affidavit of support? I don't know how much time he has to do this after the I-130 is approved but it is part of the process.Filing the I-130 by itself did nothing for you. The i-130 gives you no rights to be in/remain in the US. All the I-130 does is prove a relationship exists upon which you can file for an immigrant visa.

Edited November 17, 2013 by belinda63