Not enough money to pay for I-485 form

[kathylevine 0]

I need to fill form I-485 even though, my husband is just a waiter and doesnt make much money, rent is expensive and he's paying for me, as i'm not able to

work at the moment. I've read we can fill a form which is a fee waiver, even though I dont know how to fill it because I dont understand much about poverty guidelines and whats the minimun so we can apply for it. Thanks

[aaron2020 11,651]

I need to fill form I-485 even though, my husband is just a waiter and doesnt make much money, rent is expensive and he's paying for me, as i'm not able to

work at the moment. I've read we can fill a form which is a fee waiver, even though I dont know how to fill it because I dont understand much about poverty guidelines and whats the minimun so we can apply for it. Thanks

Your husband needs to meet the 125% poverty line in order to adjust you and get the green card. If he doesn't make enough money and you don't have enough money to file the petition, then how do you plan to meet the I-864 requirement?

Simply, you cannot claim poverty for a fee waiver because you will burn yourself on the I-864.

[kathylevine 0]

Your husband needs to meet the 125% poverty line in order to adjust you and get the green card. If he doesn't make enough money and you don't have enough money to file the petition, then how do you plan to meet the I-864 requirement?

Simply, you cannot claim poverty for a fee waiver because you will burn yourself on the I-864.

Well, if you may know, theres a co-sponsor option, where his mum can help us fill an affidavit of support for hi, therefore for myself

[Umka36 781]

USCIS Fee waiver guideline:

Form I-485, Application To Register Permanent Residence or Adjust Status, for the following individuals:

o

An Afghan and Iraqi Interpreter who has received a Special Immigrant Visa;

o

A "Registry" applicant filing under section 249 of the INA who has maintained continuous residence in the United States since before January 1, 1972; or

o

An applicant who is exempt from the public charge grounds of inadmissibility under section 212(a)(4) of the INA, including but not limited to the following circumstances: (this is where you will run into problem OP)

Applications filed by asylees under section 209(b) of the INA;

Applications for Special Immigrant Juveniles;

Applications under the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act (HRIFA), and the Nicaraguan Adjustment and Central American Relief Act (NACARA), or similar provisions; and

Applications filed by Lautenberg Parolees.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/March/FeeWaiverGuidelines_Established_by_the_Final%20Rule_USCISFeeSchedule.pdf

Edited December 10, 2013 by Umka36

[Ryan H 3,834]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[neo86 0]

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Edited April 11, 2014 by neo86

[Lainie B 465]

Well, if you may know, theres a co-sponsor option, where his mum can help us fill an affidavit of support for hi, therefore for myself

Then you should ask his mum for the fee.

You need to show that your sponsor (your husband) or you co-sponsor can support you financially. How is asking for a fee waiver going to help prove that?

[milimelo 4,568]

They won't waive the fee - you don't fit into the listed categories allowed to get the fee waiver.

[KayDeeCee 4,896]

You cannot file a fee waiver for forms that require an affidavit of support. There are only a few exceptions to this with the I-485. You need to pay the fee or not file. Perhaps borrow the money for the fee from your mom, another family member or a friend.

From the I-912 instructions: http://www.uscis.gov/sites/default/files/files/form/i-912instr.pdf

Which Applications and Petitions Will USCIS Consider for a Fee Waiver?

5. Form I-485, Application to Register Permanent Residence or Adjust Status. A fee waiver is only available if you are
applying for lawful permanent resident status based on:

a. "T" nonimmigrant status (victim of human trafficking) or "U" nonimmigrant status (victim of certain crimes who
has assisted in an investigation or prosecution);

b. Asylum status in the United States;

c. Approved status as a battered or abused spouse, child, or parent of a U.S. citizen or lawful permanent resident;

d. Special Immigrant Juvenile status based on an approved Form I-360, Petition for Amerasian, Widow(er), or
Special Immigrant;

e. An adjustment provision that does not require you to prove that you are not likely to become a public charge, such
as the Cuban Adjustment Act, the Haitian Refugee Immigration Fairness Act, continuous residence in the United
States since before January 1, 1972, ("Registry"), or similar provision; and

f. Special Immigrant Status based on an approved Form I-360 as an Afghan or Iraqi Interpreter, or Afghan or Iraqi
National employed by or on behalf of the U.S. Government.