Long overstayed B1/B2 married USC with no job.

[Africanmoon 0]

Hey guys,

I searched online to see if anyone has a similar situation at me. If you can help me, that would be great. So, I came to the US about 20 years ago on a tourist visa and stayed. I work at a temp job, have an SSN, an ID, apartment in my and my wife's name, I pay taxes but I want to adjust my status for a green card. My wife doesn't have a job so I'm the one supporting our family. This is my first marriage. It's just my wife and me; no kids. Will I have an issue adjusting since my wife doesn't work? Can I myself fill out an affidavit of support or do I have to get a sponsor? Can I fill out the papers myself or do I need a lawyer? I'm from Niger, do you think I would run into any issues? Most appreciation.

[Becci391 340]

9 minutes ago, Africanmoon said:

Hey guys,

I searched online to see if anyone has a similar situation at me. If you can help me, that would be great. So, I came to the US about 20 years ago on a tourist visa and stayed. I work at a temp job, have an SSN, an ID, apartment in my and my wife's name, I pay taxes but I want to adjust my status for a green card. My wife doesn't have a job so I'm the one supporting our family. This is my first marriage. It's just my wife and me; no kids. Will I have an issue adjusting since my wife doesn't work? Can I myself fill out an affidavit of support or do I have to get a sponsor? Can I fill out the papers myself or do I need a lawyer? I'm from Niger, do you think I would run into any issues? Most appreciation.

If your wife doesn't have a job, she needs to fill out a I-864 to proof that she has no income and your co-sponsor needs to fill out an I-864 too.

[geowrian 22,338]

13 minutes ago, Africanmoon said:

Hey guys,

I searched online to see if anyone has a similar situation at me. If you can help me, that would be great. So, I came to the US about 20 years ago on a tourist visa and stayed. I work at a temp job, have an SSN, an ID, apartment in my and my wife's name, I pay taxes but I want to adjust my status for a green card. My wife doesn't have a job so I'm the one supporting our family. This is my first marriage. It's just my wife and me; no kids. Will I have an issue adjusting since my wife doesn't work? Can I myself fill out an affidavit of support or do I have to get a sponsor? Can I fill out the papers myself or do I need a lawyer? I'm from Niger, do you think I would run into any issues? Most appreciation.

A lawyer shouldn't be needed. The overstay and unauthorized work will be ignored for AOS purposes as the spouse of a USC. Just be honest with them at the interview. However, you should not be working right now because you have no permit to do so (assuming you do not have a currently valid EAD).

 

Your wife will need to file an I-864 and provide supporting documentation for it even though she does not make the financial requirements. You cannot sponsor yourself  (self-sponsor) or have your wife include the income on her I-864 with income from a job that you are not permitted to have (even if you paid taxes on the income). If you have a valid EAD to work and the job is going to continue after obtaining LPR status, then your income can be counted in her I-864.

 

I-864 instructions: https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf

 

Ability to use the intending immigrant's income in the primary sponsor's I-864 (Page 7: Part 6, Item #3.-17, 2):

"If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children."

 

Prohibition on income obtained illegally (also Page 7):

"You, as the sponsor, may not rely on a household member’s income from illegal acts...to meet the income requirement even if the household member paid taxes on that income."

Note that this only applies if you don't have a valid EAD or similar working permit.

 

A joint spnsor can be used if the minimum requirements are not met by the primary sponsor.

[Africanmoon 0]

Thank you very much for your replies. This will help me going forward. You guys really helped a lot of people with your post, as I know that others are in similar situations as I. Thanks again and have a great day!