Married for 2 years but can't afford to file AOS until now

[mary_ann1 0]

I haven't committed any crime and not planning to. What about the co-sponsor maam?

I haven't committed any crime and not planning to. What about the co-sponsor maam?

[belinda63 3,038]

You need an income of 125% of the poverty level for your family size (three for you, spouse, child). You can obtain a co-sponsor to meet the requirements if needed. But it sounds like the problem is not even having the money to file for AOS. Maybe you could borrow the money? Around $1,400 for the AOS and medical exam?

[M and C 32]

Better file for AOS as soon as you can. You have to raise money as well for the I-693 (medical). You can do all the paperwork yourself and save on attorney's fees.

[aaron2020 11,651]

Thanks for y'all replies. I am a stay at home mom first because we cant afford to send our baby to daycare and also because I dont have a status and SSN. I had a free consultation with an immigration lawyer before and she said the k1 visa is not for deportation since we are married and got married within the 90 day period and it is not a high risk situation but I just dont have a status. Im not sure if what she said was right that if I will go out of the country (US) she said I will be banned for 10yrs compared to what baron555 said that I can still apply for a CR-1 visa. For now I cannot say when can we file for the AOS. I hope we can get back on our feet soon. I just wanna ask too if there are some organizations that can help me on my status and on filling it without any fees.

Hi,

If your husband had filed for AOS and gotten you a SSN, you could have been filing a joint tax return.

With a joint tax return, the two of you would be entitled to a larger deduction thus saving you several hundred if not thousands of dollars.

You could also file for the Earned Income Tax Credit if your husband's income is low. The EITC is a refundable credit even if you owe no taxes and paid no taxes. This can get you several thousands every year.

There were ways to pay for the AOS. Unfortunately, you guys gave up thousands of dollars potentially by not getting you an SSN so you can file a joint tax return.

Did your husband files his taxes as single or married filing separately? Married filing separately usually incurs more taxes than filing as single (which he can't do). And both incurs more taxes than married filing jointly.

Edited July 3, 2014 by aaron2020

[Boiler 45,559]

On a K1 you do not need to AOS to get a SSN.

She may have a ITIN.

[Jo Së 200]

Thanks for y'all replies. I am a stay at home mom first because we cant afford to send our baby to daycare and also because I dont have a status and SSN. I had a free consultation with an immigration lawyer before and she said the k1 visa is not for deportation since we are married and got married within the 90 day period and it is not a high risk situation but I just dont have a status. Im not sure if what she said was right that if I will go out of the country (US) she said I will be banned for 10yrs compared to what baron555 said that I can still apply for a CR-1 visa. For now I cannot say when can we file for the AOS. I hope we can get back on our feet soon. I just wanna ask too if there are some organizations that can help me on my status and on filling it without any fees.

You do not need a GC to get a SSN. You could have gotten even before you were married.

[subwayguy 100]

You could walk in a bank and take a small loan. If you have a ssn , they most likely will give you 5k.

[millionmileslove 8]

I just filed my AOS and while you guys save for 1,070 filling fee might as well gather the documents needed so you wont get any RFE (additional cost for shipping etc)

1. every form you will need is available online USCIS site.

2. Affidavit of support: it will ask proof of your husband's ability to support you (more thorough than k1 affidavit), i checked my husband's salary based on income tax to see if it pass the poverty line. you can check your husbands total annual income and compare in here http://www.***removed***/affidavit-of-support/i-864p-poverty-guidelines.html here is a sample link.

*** if your husband's income doesnt meet the ff i suggest you have another sponsor (also in the affidavit of support on what papers you will need) example is your in-laws living in the same house who have a job that can add as your sponsor specially now you have a kid so i guess it will add as an extra household

3. have your medical

*if you will be able to file your AOS and have a greencard you can apply for drivers license have working permit and other benefits.

Goodluck.

[S_R 148]

How are you all doing? I am in need of some serious advice. My husband (USC) and I have been married for 2 yrs now but we havent filed my AOS yet because of financial issues. I got here in the US thru a k-1 visa. We got married within the 90 days period. My husband got laid off from his job just right after we got married and then I got pregnant and he was just on unemployment benefit so we couldn't really afford the fees for AOS. I gave birth and he got a contract job and we were still gettinf back on our feet and trying to take care of our little one when he got laid off again fron his contract job because his contract ended. Now he just got a job, a full time job but we still haven't filed my AOS yet. We are happily married and we are blessed with a little girl. I know I am out of status but I just wanna ask you guys for some legal advice. Also, I wanna go visit my family from my native country because they havent seen our baby yet.

You need to put the visit to family and friends in the back burner for now. Use that plane ticket and file for AOS asap. Good luck

[mary_ann1 0]

What do you mean when you said co-sponsor?

[mary_ann1 0]

I checked the link for the poverty guidlines and we passed it. I dont have a SSN yet because we did not get one as soon as I got here. That's the reason why I dont have any bank accounts, we cant have a joint bank account and I dont have a job and I dont have a DL.

[Jon and Krissy 452]

How are you all doing? I am in need of some serious advice. My husband (USC) and I have been married for 2 yrs now but we havent filed my AOS yet because of financial issues. I got here in the US thru a k-1 visa. We got married within the 90 days period. My husband got laid off from his job just right after we got married and then I got pregnant and he was just on unemployment benefit so we couldn't really afford the fees for AOS. I gave birth and he got a contract job and we were still gettinf back on our feet and trying to take care of our little one when he got laid off again fron his contract job because his contract ended. Now he just got a job, a full time job but we still haven't filed my AOS yet. We are happily married and we are blessed with a little girl. I know I am out of status but I just wanna ask you guys for some legal advice. Also, I wanna go visit my family from my native country because they havent seen our baby yet.

Instead of planning a trip abroad, how about taking care of business and getting the AOS under your belt sometime this decade?

[Rich and Wen 101]

Hi,

If your husband had filed for AOS and gotten you a SSN, you could have been filing a joint tax return.

With a joint tax return, the two of you would be entitled to a larger deduction thus saving you several hundred if not thousands of dollars.

You could also file for the Earned Income Tax Credit if your husband's income is low. The EITC is a refundable credit even if you owe no taxes and paid no taxes. This can get you several thousands every year.

There were ways to pay for the AOS. Unfortunately, you guys gave up thousands of dollars potentially by not getting you an SSN so you can file a joint tax return.

Did your husband files his taxes as single or married filing separately? Married filing separately usually incurs more taxes than filing as single (which he can't do). And both incurs more taxes than married filing jointly.

It's not too late to file jointly, he can file 1040X for up to 3 years past. He can file as MFJ, put her on the return with NRA (non-resident alien) or APPLIED in the spouse's SSN box. Of course, she would need to apply for SSN in order to write 'APPLIED' in there.

I believe that as an NRA, the Earned Income Credit is not allowed, but husband can take advantage of the lower MFJ rates and possibly get a refund, enough to file AOS

[KayDeeCee 4,893]

What do you mean when you said co-sponsor?

They mean a joint sponsor. There is no term 'co-sponsor' used with an I-864. If your USC spouse meets the income requirement for your household size, then no need for a joint sponsor.

[Kathryn41 3,205]

Please do not go abroad even though it means delaying seeing your family. You have been out of status for nearly 2 years now. If you leave the US, you will not be allowed back in and will incur a 10 year ban. You cannot use an Advance Parole travel document either, even though they will issue you one if you request it. You need to get your green card first before you can safely travel outside of the US. Once your green card is approved, any out of status time you have will be forgiven, and you can travel without worry about being denied re-entry. You are now able to apply, so it would be a shame to lose that opportunity when you are so close. You and your family just need to be a patient for a little while longer.

Good luck.