To lawyer or not to lawyer

[blue_angel_29 108]

6 minutes ago, GreatDane said:

No, it's until he tries to correct his legal status by filing AOS. You 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. 

Except him not working from the date we apply until he gets ead, do we need a lawyer?

 

I will tell him to not work anymore until we get his ead. Itll be tight but we'll be good when he gets his ead.

 

Anything else?

 

Thanks for the replies, i really really appreciate it

[geowrian 22,338]

25 minutes ago, blue_angel_29 said:

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?

Him being able to work after getting the EAD (or green card) isn't a factor for the public charge concern. That would defeat the purpose of requiring the I-864 in the first place. Say he gets a green card then divorces at some point afterward and does not work (for whatever reason)...you are on the hook to support him (and the children once they arrive on their visas) under the I-864(s). I don't know what the IO (for him) or CO (for the stepchildren) will actually determine. They look at the totality of the circumstances for the public charge concerns. I'm just saying that it's going to look contradictory that you can support them yourself but he needed to work illegally to support the family.

 

Just out of curiosity, how did you get to do DCF for the stepchildren? Normally that requires living together in the country, and being physically present for at least 6 months.

 

Until he has authorization to work (the EAD), it would be unauthorized work.

[blue_angel_29 108]

6 minutes ago, geowrian said:

Him being able to work after getting the EAD (or green card) isn't a factor for the public charge concern. That would defeat the purpose of requiring the I-864 in the first place. Say he gets a green card then divorces at some point afterward and does not work (for whatever reason)...you are on the hook to support him (and the children once they arrive on their visas) under the I-864(s). I don't know what the IO (for him) or CO (for the stepchildren) will actually determine. They look at the totality of the circumstances for the public charge concerns. I'm just saying that it's going to look contradictory that you can support them yourself but he needed to work illegally to support the family.

 

Just out of curiosity, how did you get to do DCF for the stepchildren? Normally that requires living together in the country, and being physically present for at least 6 months.

 

Until he has authorization to work (the EAD), it would be unauthorized work.

I havent done anything except marry him.  We will be filing his 130 and 485 and ead and ap. Then i will file 130 for the daughters and they will get consular filing in mexico.

 

Well, hopefully he doesnt divorce me. But as far as 864, i should not need a joint sponsor since i make more than enough of what uscis requires.

[geowrian 22,338]

10 minutes ago, blue_angel_29 said:

I havent done anything except marry him.  We will be filing his 130 and 485 and ead and ap. Then i will file 130 for the daughters and they will get consular filing in mexico.

 

Well, hopefully he doesnt divorce me. But as far as 864, i should not need a joint sponsor since i make more than enough of what uscis requires.

Ah, okay. So they aren't doing DCF...they're just doing normal consular processing. Thanks for the clarification as I was curious if there was some other way to do DCF there.

 

True...but that's part of the purpose of the I-864. Nobody plans for (their own) divorce. As for the income requirement, I will just reiterate that those are minimums. Under that and they cannot issue the visa or approve AOS. Above that, they will look at the circumstances to determine the public charge risk.

[Russ&Caro 1,549]

In reading through the thread, it would appear that no one has answered the actual question within the subject title. Although the forgiveness for overstay and working associated with AOS might be pretty straightforward, it would seem that his original presence in the US would need to be dealt with, likely by some sort of waiver or perhaps more than one waiver. It seems like you might want a lawyer if your situation requires the filing of waivers. At a minimum you would want a consultation with an Immigration attorney before doing it yourself. Good luck.

[geowrian 22,338]

3 minutes ago, Russ&Caro said:

it would seem that his original presence in the US would need to be dealt with, likely by some sort of waiver or perhaps more than one waiver. It seems like you might want a lawyer if your situation requires the filing of waivers.

What's the issue with the original presence? if I understood it correctly, he came on an H-1B and overstayed.

[Russ&Caro 1,549]

8 minutes ago, geowrian said:

What's the issue with the original presence? if I understood it correctly, he came on an H-1B and overstayed.

Bad reading. My bad.

[GreatDane 366]

2 hours ago, blue_angel_29 said:

Except him not working from the date we apply until he gets ead, do we need a lawyer?

 

I will tell him to not work anymore until we get his ead. Itll be tight but we'll be good when he gets his ead.

 

Anything else?

 

Thanks for the replies, i really really appreciate it

If you put a hold on him working and get the process started, I would recommend you save the money on the lawyer and do it yourself. It takes a bit of time to learn about the process and fill out the forms correctly, including supporting documents, but it will be money well saved. 

[Boiler 46,295]

Never any harm having an initial consultation, especially in a case that may have complications.

[caliliving 606]

Its actually not illegally, its unauthorized! LOL!

and i worked unauthorized until i got my greencard.. i put it down on the paper and did not lie about anything! ha they didnt even ask a question about it.. i wouldnt worry.  of course, i can not tell him to continue working, im just saying my own experience!

 

unauthorized work is forgiven when married to a USC!

 

also, i made really good money but my husband didnt so his parents had to be a joint sponsor. of course my income didnt count:) hope that helps

[caliliving 606]

5 hours ago, Russ&Caro said:

In reading through the thread, it would appear that no one has answered the actual question within the subject title. Although the forgiveness for overstay and working associated with AOS might be pretty straightforward, it would seem that his original presence in the US would need to be dealt with, likely by some sort of waiver or perhaps more than one waiver. It seems like you might want a lawyer if your situation requires the filing of waivers. At a minimum you would want a consultation with an Immigration attorney before doing it yourself. Good luck.

no waiver for working unauthorized! he is fine.  it is forgiven and like i said, i had no problems or questions at my interview. it really is a straightforward case:) 

[NikLR 13,232]

Just as a note, you're doing the CR2 for his children in Mexico, not DCF   DCF requires the petitioner to live in the country.  Do the children have permission from their mother to move to the USA?

[blue_angel_29 108]

32 minutes ago, NikLR said:

Just as a note, you're doing the CR2 for his children in Mexico, not DCF   DCF requires the petitioner to live in the country.  Do the children have permission from their mother to move to the USA?

Yes, the 130 and they interview at mexico. I thought that was called dcf.

 

Do we need her permission when we file their 130s? Or can it be during the interview, i know we need permission but i didn't know if it's needed when we file or during the interview

[blue_angel_29 108]

Just now, blue_angel_29 said:

Yes, the 130 and they interview at mexico. I thought that was called dcf.

 

Do we need her permission when we file their 130s? Or can it be during the interview, i know we need permission but i didn't know if it's needed when we file or during the interview

Also, on that note, do we need permission if the older kid will be 18 on september?