Tourist visa>got pregnant>Married

[ocean123 0]

I went here in the US with my tourist visa. got pregnant and got married. my relationship wasnt good. my husband did not work since i got pregnant and we were not in a good place in our relationship since i got pregnant. he wont let me go home. i got detained when i was 8 months pregnant because he had a job in south texas and we were driving up to dallas and i was detained. he realized that my illegal status was serious. so he can only afford to file the i-130. we cannot afford any lawyers right now so i did it myself. and he has no job right now so we cant afford the AOS. i know i am stuck and he dont want me to go home and help me get a passport for my son because i cant provide for him here because i cannot work. we've been fighting and sometimes it gets physical. is there any way that i can get the AOS fee waived just to get over this and so i can provide for my son's needs? i dont know if i should do the VAWA against him because i am scared of what he can do to me and the baby. i have no license and he wont give the car keys to me. im really confused and i need some advice. 

 

thank you. 

[Ontarkie 14,237]

~~Moved to Effects of major Family changes, from AOS Progress Reports- As similar topics are discussed here.~~

[Boiler 45,584]

Good that he will not give you the keys, no license no drive.

[Gorkhali 214]

I don't know what to say. Try finding a good immigration lawyer who would be willing to help you with pro bono work. 

 

USCIS says following on waiver

 

Additional Information on Filing a Fee Waiver

USCIS is funded largely by application and petition fees. Recognizing that some applicants cannot pay the filing fees, USCIS established a fee waiver process for certain forms and benefit types. We will approve a fee waiver only if you clearly demonstrate that you are unable to pay the filing fees. USCIS carefully considers the merits of each fee waiver request before making a decision.

Forms

• Form I-912, Request for Fee Waiver
• Form I-912P, HHS Poverty Guidelines for Fee Waiver Requests

Find on this page

Eligibility
Requesting a fee waiver
How to show that you receive a means-tested benefit
How to show that your household income is at or below 150 percent of the Federal Poverty Guidelines
How to show that you have a financial hardship
Determining who counts towards your household size and income
How marital separation affects eligibility
How an Affidavit of Support affects eligibility
How requesting a fee waiver affects your current immigration status
Common reasons why we deny fee waiver requests

Eligibility

You can request a fee waiver if:

1. The form you are filing is eligible for a fee waiver (See the list available on the Form I-912, Request for Fee Waiver web page or the regulations at 8 CFR 103.7(c)(3));
   
   AND
    
2. You provide documentation showing that you qualify based upon one of the following criteria:

• You, your spouse, or the head of household living with you, are currently receiving a means-tested benefit.
• Your household income is at or below 150 percent of the Federal Poverty Guidelines at the time you file. Check the current Federal Poverty Guidelines for this year at Form I-912P, HHS Poverty Guidelines for Fee Waiver Requests.
• You are currently experiencing financial hardship that prevents you from paying the filing fee, including unexpected medical bills or emergencies.

See the USCIS Fee Waiver Policy (PDF, 78 KB).

 

Also see the link https://www.uscis.gov/feewaiver 

 

______________________________________________________________________________________________________________________________________________________

 

Your biggest problem is not out of status, it will be expensive medical bill during pregnancy and then being able to sustain in America. You can't legally work and even if you work illegally you are doomed and you can barely make enough to feed you and your child. How are you going to provide for the child and child care?

 

My best advice, return to your home country and give birth to a child in your country with your folks and friends around you supporting you. If you husband is USC then he can file CRBA with the embassy in your home country and your child will be USC (If that is your final goal). 

 

LASTLY, DON'T DO anything illegal more.  driving without license is digging a grave for yourself. Don't do it

 

_______________________________________________________________________________________________________________________________________________________

 

Out of context, last night (1 AM) we were driving back from DIA Airport. CO is super cold and we were freezing even in our warm coats and 1 AM, we stopped for food at Wendy's. Bought quick food and we were driving back home (temperature is - 12 degrees C) and there was this shady looking guy, a kid, and women standing in the middle of the traffic light and waving crazy. 1 AM I hit the brake to slow down the car, my wife yelled at me and we passed by because tons of crimes are being recorded in our neighborhood and my wife yelling at me was understandable. I kept looking at rear view mirror another car also passed without stopping. We reached home, I asked my wife to get inside and change and relax. I got out of the car and walked to the traffic light and they were still there waving like crazy to other cars at that late night. I gave them the food I had and saw the tiny kid ( my heart broke and I just took off my down jacket and gave it to the lady and said her to keep her kid warm. I don't carry lots of cash and we were returning from vacation and I had around 35$ in cash which I gave them. And I said take care and I came home.) In 5 min of the walk back home, I was freezing my butt. 

 

Now my wife yelling at me was fine. She is one kindest lady. She donates monthly to the local homeless shelter (auto charged to her card) and collects extra food from neighbors in her free time and brings it to the homeless shelter. But she was against me stopping the car at that late night, she was against me walking back.. and that is for security reason. 

I can't get that picture where the kid was miserable cold, out of my head since last night and I feel depressed. 

Listen, my friend, Don't run for the American dream. Life everywhere is hard but it's easy if you have your loved ones around you.  Contact your local embassy and ask for help, they will extend help. 

 

 

 

 

 

 

 

 

Edited December 31, 2017 by Penguin_ie
language

[TNJ17 1,329]

You need to find a women’s shelter or something like that who will help you with this stuff. 

[Boiler 45,584]

Problem is the child, she can leave...

 

Needs his agreement for the child to leave.

[JFH 12,190]

I don't understand what you want? 

 

He is violent but you want to stay with him (you are talking about filing your adjustment of status)? Why? It's not just you at risk, it's a defenseless baby too. Have you reported his violence to the police? Had him arrested? I can assure you that if a woman reports that she and her baby are in danger the police will get you to safety first before looking into your immigration status. 

 

If you are hell-bent on staying with him, despite his violence - which, incidentally will NOT stop, then borrow the money for your AOS and get it filed asap so that you can get your EAD soon and start working. 

 

Dont be tempted to do anything illegal such as driving without a license. Two wrongs won't make a right. 

[caliliving 606]

we dont even know what country she is from.  

 

find out a way to get the money to AOS if you want to stay here i wouldnt leave as you have overstayed and wont be allowed back in. if you have not overstayed yet then go back.  also you can try a waiver, but i am not sure how that would work. 

 

 

[NateAndJessica 200]

Womens shelter! NOW! today!! walk there or call for a ride they will be happy to pick you up.

Once your safety is secured you can work on improving your future, there will be many happy days in your life, dont give up : )

Edited December 31, 2017 by NateAndJessica

[JFH 12,190]

2 minutes ago, NateAndJessica said:

womens shelter! NOW! today!! walk there or call for a ride they will be happy to pick you up.

Totally agree. If the man is being violent then safety for her and the baby are the number one priority, not how to get a green card. 

[ConOfficer 167]

12 hours ago, Boiler said:

Problem is the child, she can leave...

 

Needs his agreement for the child to leave.

There's a domestic violence exception to the two parent consent rule. 

[dawning 212]

3 hours ago, Springrain22 said:

 Call your relatives in your country. Ask for money. Do AOS. Find work. Move on.

 

15 hours ago, Gorkhali said:

 Having a child is such a responsibility in today's world.  Your biggest problem is not out of status, it will be expensive medical bill during pregnancy and then being able to sustain in America. You can't legally work and even if you work illegally you are doomed and you can barely make enough to feed you and your child. How are you going to provide for the child and child care?

 

My best advice, return to your home country and give birth to a child in your country with your folks and friends around you supporting you. If you husband is USC then he can file CRBA with the embassy in your home country and your child will be USC (If that is your final goal). 

 

LASTLY, DON'T DO anything illegal more. driving without license is digging a grave for yourself. Don't do it

 

 

This seems unnecessarily mean to some who is already in dire straits.  A large percentage of pregnancies in the US (many among USCs) are unplanned, and even the best birth control methods fail.  It is also not at all uncommon for people with domestic violence tendencies to be more abusive during a pregnancy, so in a short relationship she may not have had any idea what he was capable of before making what may have seemed at the time like the responsible choice to marry.

 

To the OP: I agree with those who say that if you fear for your safety and your son's safety, you should start with figuring out to how to get away to somewhere that your husband won't be able to find you.  Try to take all your personal documents such as your passport.  Once you have support for the domestic violence you can start to look for help with your immigration status, or for help getting a waiver for a passport for your son so you can take him to your home country. 

 

Best of luck!

Edited December 31, 2017 by Penguin_ie
quoted bad language

[Penguin_ie 5,994]

***** several posts removed or edited for bad language and quoting same.  Give constructive advice to the OP or do not post. *****