VWP+ petitioner on benefits?

[danonick 0]

We applied for Cr-1 visa last may and awaiting our NOA-2, which will hopefully come through next May/June. 

 

Background

We had the amazing opportunity for my wife to return to university attending Portland State University for absolutely free. As such we are currently living with her parents on a separate part of their property. I am VWP eligible and planning on doing 90 days leaving and coming back, we both will be going to Ireland for a month over Christmas, and then coming back in January for school again, In April I was planning on driving to Canada and then coming back. My wife is working part time as well as being in school. Most likely unless something changes my wife's earning will be under the poverty line. My wife is a resident of Ireland ( 2 week process and free)

 

• How much money will I need to have to prove I can sustain myself without working entering into the USA? (approx) 
• I believe my wife is eligible for food stamps ( not sure), will this work against our case? 
• I assume we will need an affidavit from wife's parents saying they are willing to financially support me, at interview time (I-864)?
• Is it risky to continually leave and come back? (Advice)
• Is it worth contacting local senator? for help and applying for expedite based on severe financial loss?

 

I hope this is all clear. 

 

[JFH 12,191]

12 minutes ago, danonick said:

We applied for Cr-1 visa last may and awaiting our NOA-2, which will hopefully come through next May/June. 

 

Background

We had the amazing opportunity for my wife to return to university attending Portland State University for absolutely free. As such we are currently living with her parents on a separate part of their property. I am VWP eligible and planning on doing 90 days leaving and coming back, we both will be going to Ireland for a month over Christmas, and then coming back in January for school again, In April I was planning on driving to Canada and then coming back. My wife is working part time as well as being in school. Most likely unless something changes my wife's earning will be under the poverty line. My wife is a resident of Ireland ( 2 week process and free)

 

• How much money will I need to have to prove I can sustain myself without working entering into the USA? (approx) 
• I believe my wife is eligible for food stamps ( not sure), will this work against our case? 
• I assume we will need an affidavit from wife's parents saying they are willing to financially support me, at interview time (I-864)?
• Is it risky to continually leave and come back? (Advice)
• Is it worth contacting local senator? for help and applying for expedite based on severe financial loss?

 

I hope this is all clear. 

 

There are several flaws to your plan.

 

The biggest one is “driving to Canada”. Trips to Canada do NOT re-set your 90-day VWP clock. They are counted in your 90 days. You have to leave North America (trips to the Bahamas and Mexico fall under the same category) to be able to return. 

 

You are very unlikely to be admitted for multiple back-to-back 90-day visits. Two might just work. However, you would then fall under the IRS requirement to file a tax return on the basis of substantial presence in the US for that year. 

 

Living with you may cause your wife to lose her food stamp eligibility. It happened to my husband. Whilst he was unemployed and eligible, as soon I arrived he was told in no uncertain terms that I was not allowed to receive a penny in public assistance and since I would be under the same roof and eating the food his food stamps were stopped. Receiving Medicaid is different as the individual receives the treatment - you won’t be taking your wife’s medication. 

 

What job do you do that allows so much time off? 

Edited October 18, 2019 by JFH

[Lemonslice 5,002]

Is it risky to continually leave and come back? (Advice) 

Your plan is to actually live in the US for a while, and CBP expects you to spend more time home
than in the US. It's not that risky, as long as you understand that one day you might be denied entry and be on the next flight to Ireland.

Visiting Canada does not "reset" the duration of your authorized stay. 

 

Have you already sent the i-130?

 

Edited October 18, 2019 by Lemonslice

[Crazy Cat 42,683]

 

17 minutes ago, danonick said:

We applied for Cr-1 visa last may and awaiting our NOA-2, which will hopefully come through next May/June. 

 

Background

We had the amazing opportunity for my wife to return to university attending Portland State University for absolutely free. As such we are currently living with her parents on a separate part of their property. I am VWP eligible and planning on doing 90 days leaving and coming back, we both will be going to Ireland for a month over Christmas, and then coming back in January for school again, In April I was planning on driving to Canada and then coming back. This is not a good plan...Entering Canada does not reset the clock.

 

My wife is working part time as well as being in school. Most likely unless something changes my wife's earning will be under the poverty line. My wife is a resident of Ireland ( 2 week process and free)

 

• How much money will I need to have to prove I can sustain myself without working entering into the USA? (approx) 
• I believe my wife is eligible for food stamps ( not sure), will this work against our case? 
• I assume we will need an affidavit from wife's parents saying they are willing to financially support me, at interview time (I-864)?
• Is it risky to continually leave and come back? (Advice)  YES.....
• Is it worth contacting local senator? for help and applying for expedite based on severe financial loss?  

 

I hope this is all clear. 

 

 

It is clear to me that you are trying to live in the US during the CR-1 process.......that is not an authorized use of VWP.  Your plan to enter Canada and return is ill-advised because it does not reset the clock.....You are likely to be caught and denied entry for visiting too frequently........My advice:  Only make short trips to the US during the CR-1 process.

Edited October 18, 2019 by missileman

[danonick 0]

 

13 minutes ago, Lemonslice said:

 

 

Have you already sent the i-130?

 

Yes I- 130 was sent in last  May 

I understand that at some point  CBP may put me back onto a flight to Ireland trying to minimize that risk. If i do get put back on a flight would that immediately make me ineligible for CR-1? 

 

17 minutes ago, JFH said:

There are several flaws to your plan.

 

The biggest one is “driving to Canada”. Trips to Canada do NOT re-set your 90-day VWP clock. They are counted in your 90 days. You have to leave North America (trips to the Bahamas and Mexico fall under the same category) to be able to return. 

 

You are very unlikely to be admitted for multiple back-to-back 90-day visits. Two might just work. However, you would then fall under the IRS requirement to file a tax return on the basis of substantial presence in the US for that year. 

 

Living with you may cause your wife to lose her food stamp eligibility. It happened to my husband. Whilst he was unemployed and eligible, as soon I arrived he was told in no uncertain terms that I was not allowed to receive a penny in public assistance and since I would be under the same roof and eating the food his food stamps were stopped. Receiving Medicaid is different as the individual receives the treatment - you won’t be taking your wife’s medication. 

 

What job do you do that allows so much time off? 

 

Please feel free to point out an other flaws/ or advice

 

May be stupid question but will the clock on entries exists per year reset in January? 

How much time in between entries would make it more probable for entry?

 

My wife living with me may cause her to lose benefits once I receive CR-1 or while visiting on VWP? ( she hasn't applied yet) Not looking for Medicaid. 

 

Currently nothing, We just saved up last year- but I am a primary school teacher 

[Crazy Cat 42,683]

1 minute ago, danonick said:

May be stupid question but will the clock on entries exists per year reset in January? 

How much time in between entries would make it more probable for entry?

1.  There is no yearly clock.

2.  More time out of the US than inside the US .

[payxibka 10,047]

No such thing as a calendar year magic reset button 

 

Denied entry will not affect the immigrant visa 

 

Unofficial "rule of thumb " is two days out for each day in.

[geowrian 22,338]

While a denied entry will not impact an immigrant visa, there is the risk of an expedited deportation being issued, which would require a waiver (or 5 year wait).

[JFH 12,191]

Not having a job is another flaw to your plan. With a wife in the USA and no job back home, CBP will not be easily convinced that you will return at the end of the 90-day visit. People have been refused entry for such weak ties to home. 

 

If she can barely support herself and will be living off food stamps, how does she expect to feed you too for 90-day blocks? What are you doing about health insurance? Travel insurance for such lengthy trips to the country with the most expensive doctors and hospitals in the world will be very expensive.