help

[bamoish 0]

hi everyone, i have a unique problem in that i'm in the US already (2 years now) i got married to an american woman and i have my marriage certificate and i filled the i -130 form and the i-485 form but really i cant afford the money right now for both cuz its been so hard getting a job without documents so my question is can i put in the i-130 form first and the work authorization form so that when i get that i can start working and then would be able to pay for the change of status form. pls i need help with an answer

[DJ&L 83]

This should get interesting.

What type of visa did you enter on and what's your immigration status right now?

When did you get married?

Edited November 18, 2013 by DJ&L

[dwheels76 5,469]

hi everyone, i have a unique problem in that i'm in the US already (2 years now) i got married to an american woman and i have my marriage certificate and i filled the i -130 form and the i-485 form but really i cant afford the money right now for both cuz its been so hard getting a job without documents so my question is can i put in the i-130 form first and the work authorization form so that when i get that i can start working and then would be able to pay for the change of status form. pls i need help with an answer

Well you would still be out of status. I assume you are out of status currently (overstay on a Visa).

First how did you get to US?

Is that Visa expired now and you are trying to adjust status?

[bamoish 0]

well i got to the US through a visitors visa and obviously i ve overstayed cuz i got here 2011 and my visa expired nov 2011, i got married june of this year, thats y im asking can i sub,it the petition first and adjustment of status later or do i have to submit both together

[belinda63 3,047]

I suggest you take out a loan, have your spouse find a better job or a second job, or borrow the money from a relative or friend.

Filing the I-130 alone will do nothing for you in your current situation. All the I-130 does is determine if there is a relationship for which you could file for an immigrant visa. It gives you no status to remain in the US, it will not prevent you from being picked and deported, it will not allow you to file for an EAD (employment authorization document).

Another thing to keep in mind is the affidavit of support. Your spouse will have to show she makes 125% of the poverty level for your household; herself, you, and any dependents, for the filing of the I-485. Since you can't work legally your income, if you have any, can not be used. If she does not have sufficient income or assets to make up the shortfall she must find a cosponsor which can be any US citizen or LPR living in the US.

[Penguin_ie 5,996]

**** Moving from General IMmigration to AOS from Tourist Visa forum ****

Technically yes you can submit the I-130 first, but it won;t do anything for you, you still can;t work.

[Teddy B 17,252]

If your wife does not make enough money to be your financial sponsor, then you will need a co-sponsor before you can do anything. See the following guide for more information about this process.

http://www.visajourney.com/content/i130guide2

[Kazulie 132]

What is your status? If you are in removals you CAN NOT file the I-130 & I-485 together.

[dwheels76 5,469]

well i got to the US through a visitors visa and obviously i ve overstayed cuz i got here 2011 and my visa expired nov 2011, i got married june of this year, thats y im asking can i sub,it the petition first and adjustment of status later or do i have to submit both together

But you have a overstay on a visitor visa. You have no status to adjust from. Are you in removal proceedings? And I-130 will not get you to work.

[Teddy B 17,252]

But you have a overstay on a visitor visa. You have no status to adjust from. Are you in removal proceedings? And I-130 will not get you to work.

His overstay is irrelevant with marriage to a USC. It appears that money is the problem here., he needs a co-sponsor.

[dwheels76 5,469]

His overstay is irrelevant with marriage to a USC. It appears that money is the problem here., he needs a co-sponsor.

I know you can file I-130 for overstay I thought the adjustment of status was off the books because there is no adjusting from a visitor visa. Oh well I am learning.

Edited November 20, 2013 by dwheels76

[Harpa Timsah 13,258]

OP: You cannot get a work permit without filing I-485.