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blue_angel_29 Collaborator

blue_angel_29   108

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

We are finally,  finally getting married after 2 years of him trying to be divorced. 

 

My husband,  (so happy to call him that) overstayed his h1b visa for 9 years,  he works at dennys illegally and we cant afford for him to not work when we file the papers, is that going to be a problem? I am usc.

 

We will file his 130 and 485 together with the AP and EAD. With my 864,  sponsor agreement.

 

We will also file for my step daughters, 130 and did dcf.

 

So, my husband is worried and he really wants us to consult a lawyer with our case,  i told him our case is straightforward and it should be fine without a lawyer. 

 

He said because of his overstay and illegal work and not being able to really stop illegally working, it's bad for our case. 

 

Any advise?

 

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

GreatDane Rising Star

GreatDane   366

Posted
Filed: Lift. Cond. (pnd) Country: Denmark
 Timeline
Posted
16 minutes ago, blue_angel_29 said:

We are finally,  finally getting married after 2 years of him trying to be divorced. 

 

My husband,  (so happy to call him that) overstayed his h1b visa for 9 years,  he works at dennys illegally and we cant afford for him to not work when we file the papers, is that going to be a problem? I am usc.

 

We will file his 130 and 485 together with the AP and EAD. With my 864,  sponsor agreement.

 

We will also file for my step daughters, 130 and did dcf.

 

So, my husband is worried and he really wants us to consult a lawyer with our case,  i told him our case is straightforward and it should be fine without a lawyer. 

 

He said because of his overstay and illegal work and not being able to really stop illegally working, it's bad for our case. 

 

Any advise?

 

Illegal work or stay in the US is forgiven for spouses of USC. Do not hide employment, etc., and answer the forms honestly, including listing his recent employment.

 

If you can't afford him not to work, how will you qualify to file AOS with the I864? His income is not relevant in it, only yours is. If it's just the two of you and assuming two step daughters, your income (only yours matters), needs to be about $31,000+. 

Ontarkie Grand Master

Ontarkie   14,560

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to AOS from Work, Student and Tourist Visas, from Work Visas.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

@GreatDane is right. The overstay and past illegal work is not a bar for AOS as the spouse of a USC. However, it is still illegal for him to be working now. His income will not qualify for the I-864, so I'm assuming you will be using a joint sponsor.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
55 minutes ago, blue_angel_29 said:

We are finally,  finally getting married after 2 years of him trying to be divorced. 

 

My husband,  (so happy to call him that) overstayed his h1b visa for 9 years,  he works at dennys illegally and we cant afford for him to not work when we file the papers, is that going to be a problem? I am usc.

 

We will file his 130 and 485 together with the AP and EAD. With my 864,  sponsor agreement.

 

We will also file for my step daughters, 130 and did dcf.

 

So, my husband is worried and he really wants us to consult a lawyer with our case,  i told him our case is straightforward and it should be fine without a lawyer. 

 

He said because of his overstay and illegal work and not being able to really stop illegally working, it's bad for our case. 

 

Any advise?

 

 

Did he claim to be a USC at any point to gain employment?

blue_angel_29 Collaborator

blue_angel_29   108

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
  • Author
Posted
39 minutes ago, GreatDane said:

Illegal work or stay in the US is forgiven for spouses of USC. Do not hide employment, etc., and answer the forms honestly, including listing his recent employment.

 

If you can't afford him not to work, how will you qualify to file AOS with the I864? His income is not relevant in it, only yours is. If it's just the two of you and assuming two step daughters, your income (only yours matters), needs to be about $31,000+. 

Yep, in paper, i meet the threshold, i made 35k like last year. But we cannot live with just my income on a daily basis. 

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

blue_angel_29 Collaborator

blue_angel_29   108

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
  • Author
Posted
34 minutes ago, geowrian said:

@GreatDane is right. The overstay and past illegal work is not a bar for AOS as the spouse of a USC. However, it is still illegal for him to be working now. His income will not qualify for the I-864, so I'm assuming you will be using a joint sponsor.

No joint sponsor because I make enough to cover 4 people according to the chart.

 

But that is what he is worried, he still works illegally and can't not work,  he sends n money to his daughters in Mexico, i wouldn't be able to afford ALL of our bills with just my income.

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

blue_angel_29 Collaborator

blue_angel_29   108

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
  • Author
Posted
16 minutes ago, Mollie09 said:

 

Did he claim to be a USC at any point to gain employment?

No. Never. At least i dont think so. How do we check to make sure? Is there a way to check?

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

Mollie09 Proficient

Mollie09   1,543

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
4 minutes ago, blue_angel_29 said:

No. Never. At least i dont think so. How do we check to make sure? Is there a way to check?

 

The paperwork filed with the employer probably.

How did he fill out an I-9?

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
7 minutes ago, blue_angel_29 said:

No joint sponsor because I make enough to cover 4 people according to the chart.

 

But that is what he is worried, he still works illegally and can't not work,  he sends n money to his daughters in Mexico, i wouldn't be able to afford ALL of our bills with just my income.

Okay...that's where the story isn't going to quite make sense. He needs to work to support the family because you cannot do so yourself, but you are also claiming that you meet the requirements to support him. While you may meet the minimum requirements for the I-864, it sounds like the public charge concern may be an issue as - as you admit - you are unable to support him on your own.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

GreatDane Rising Star

GreatDane   366

Posted
Filed: Lift. Cond. (pnd) Country: Denmark
 Timeline
Posted
6 minutes ago, blue_angel_29 said:

Yep, in paper, i meet the threshold, i made 35k like last year. But we cannot live with just my income on a daily basis. 

Working illegally is still illegal. When you file for AOS, you can apply for AP/EAD and he'll only be off working for 3-4 months. It might be tight financially, but it's definitely doable. Everyone who has filed for AOS has done it. Maybe the solution is you pick up extra shifts, get a second job to cover the finances for a few months.

If you can't support him and his current commitments to just send money to Mexico vs. have them full time as dependents, you are at risk of appearing like a public charge case.

blue_angel_29 Collaborator

blue_angel_29   108

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
  • Author
Posted
2 minutes ago, geowrian said:

Okay...that's where the story isn't going to quite make sense. He needs to work to support the family because you cannot do so yourself, but you are also claiming that you meet the requirements to support him. While you may meet the minimum requirements for the I-864, it sounds like the public charge concern may be an issue as - as you admit - you are unable to support him on your own.

So, it is something we need to be concerned with? He would not be public charge since he will be able to legally work after he gets the ead. So just from the time we file until he gets approved for ead, he needs to not work?

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

blue_angel_29 Collaborator

blue_angel_29   108

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
  • Author
Posted
7 minutes ago, GreatDane said:

Working illegally is still illegal. When you file for AOS, you can apply for AP/EAD and he'll only be off working for 3-4 months. It might be tight financially, but it's definitely doable. Everyone who has filed for AOS has done it. Maybe the solution is you pick up extra shifts, get a second job to cover the finances for a few months.

If you can't support him and his current commitments to just send money to Mexico vs. have them full time as dependents, you are at risk of appearing like a public charge case.

When they say illegal work is forgiven, up until what time is it forgiven?

 

Is it forgivrn until he gets his ead?

AOS from h2a visa, marriage based.

 

Filed I 130, I 485, I 131 and I 765 concurrently,

 

5/11/2018 Priority date; sent to Missouri, MSCxxxxxxxxx

6/15/2018 Biometrics appointment, Houston TX

7/11/2018 RFE for Birth Certificate

7/23/2018 Sent BC in response to RFE

7/31/2018 Confirmation of receipt of the BC

8/3/2018 received courtesy letter for medical 

8/6/2018 Case is ready to be scheduled for interview

9/19/2018 EAD/AP approved

9/20/2018 EAD/AP card in production 

9/24/2018 EAD/AP card is ready to be mailed

9/25/2018 EAD/AP card is mailed, usps tracking included in online update

9/27/2018 EAD/AP card picked up at post office

 

I-130 for 2 husband's daughters (my step daughters) 10 and 17

5/11/2018 Priority Date; sent to Nebraska Service Center, LINxxxxxxxxx


Waiting game for ALL cases!

GreatDane Rising Star

GreatDane   366

Posted
Filed: Lift. Cond. (pnd) Country: Denmark
 Timeline
Posted (edited)
3 minutes ago, blue_angel_29 said:

When they say illegal work is forgiven, up until what time is it forgiven?

 

Is it forgivrn until he gets his ead?

No, it's until he tries to correct his legal status by filing AOS. You can't try to adjust legal status and break the rules. It doesn't show intent to abide by the laws. As it currently sits, he's deportable with his overstay and illegal work. The only way to secure your future together is to get married, file AOS, and do whatever is necessary to abide by the rules and timelines. And there's a lot of them. 

Edited by GreatDane
 
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