Help! K-1 wife almost 3 years in USA, haven't filed AOS

[Boiler 45,165]

You brought somebody to this country, you knew the deal, what was your plan?

[Lucky2Lucky 2,526]

23 minutes ago, jpr836 said:

@beloved_dingo I do have a full-time job. I just work at dominoes though. This is the most money I’ve ever made in my life.

 

I have a felony for simple possession from 13 years ago for having 2 ecstasy pills when I was 17 years old.

 

they won’t expunge my record and as much as I’ve tried they say it will stay with me forever.

 

I also only have a GED, no college education or skills. I went to my first rehab at 13 years old. I’ve been to eight of them and was in and out of jail for stupid probation violations until I was 22 years old.

 

I am now almost 30 and have changed my life around, but my past still haunts me and there’s not much in the way of jobs that I know to pursue.

 

I was living in a small spare bedroom at my grandmas house until my wife contacted me from Indonesia, after talking for two years We started a relationship.

 

I worked very hard to move out and got a job and I’m now working so much that I hardly have time at home, but it’s still not nearly enough.

 

i’m averaging around $12 an hour at dominoes, which is pretty good for an entry-level job with no skills required and no higher education.

 

I have a bad driving record so driving jobs like Uber or other jobs that require clean records are out of the question. any government jobs like the post office or healthcare worker which I’m experienced in, also wouldn’t accept me because of my felony..

 

between all the bills, even if I would like to pursue higher education I don’t have the time to do so while still being able to pay for everything.

 

our relationship is strained as it is with me working so much without adding school on top of it and student loans I would have to pay back.

 

i’m really doing the best I can here. Most of my life up until 22 or 23 was in disarray. I’m actually doing very good based on where I have been in the past.

 

if you have any ideas of what you think I could pursue that would really help, i’m all for making money and working hard.

 

I just don’t know what to do

 

It’s nice to hear you have been working on turning your life around. Good luck and keep looking forward and not back- you aren’t going that way anyway 🙂I would highly recommend you enroll in a community college whether for an associates or a certificate program. With your income and family size of 3 I strongly believe you will receive full financial aid. When my income was a tad higher than yours my husband received full tuition for his first year and we are only a family of 2. Maybe there is a drug and alcohol counselor certificate or something in Plumbing, HVAC, electrical etc. even if you take 2 courses a semester you will eventually finish. Fields in plumbing, electrical etc is in such HIGH demand and doesn’t require a bachelors degree. You can also try places like Target which is committed to raising minimum wage to $15 an hour- ask your supervisor at Dominos for overtime or ask your coworkers to call you if they call out and you can work their hours. 
Good luck and keep moving forward.

Edited January 30, 2020 by Luckycuds

[Lucky2Lucky 2,526]

Also as others have mentioned amend your past tax returns and file married. Add your wife to your bank account/savings account, add her to your apartment lease, any bills etc. These are things you can do now to help with your pending applications.

[Orangesapples 1,954]

1 hour ago, jpr836 said:

@beloved_dingo I do have a full-time job. I just work at dominoes though. This is the most money I’ve ever made in my life.

 

I have a felony for simple possession from 13 years ago for having 2 ecstasy pills when I was 17 years old.

 

they won’t expunge my record and as much as I’ve tried they say it will stay with me forever.

 

I also only have a GED, no college education or skills. I went to my first rehab at 13 years old. I’ve been to eight of them and was in and out of jail for stupid probation violations until I was 22 years old.

 

I am now almost 30 and have changed my life around, but my past still haunts me and there’s not much in the way of jobs that I know to pursue.

 

I was living in a small spare bedroom at my grandmas house until my wife contacted me from Indonesia, after talking for two years We started a relationship.

 

I worked very hard to move out and got a job and I’m now working so much that I hardly have time at home, but it’s still not nearly enough.

 

i’m averaging around $12 an hour at dominoes, which is pretty good for an entry-level job with no skills required and no higher education.

 

I have a bad driving record so driving jobs like Uber or other jobs that require clean records are out of the question. any government jobs like the post office or healthcare worker which I’m experienced in, also wouldn’t accept me because of my felony..

 

between all the bills, even if I would like to pursue higher education I don’t have the time to do so while still being able to pay for everything.

 

our relationship is strained as it is with me working so much without adding school on top of it and student loans I would have to pay back.

 

i’m really doing the best I can here. Most of my life up until 22 or 23 was in disarray. I’m actually doing very good based on where I have been in the past.

 

if you have any ideas of what you think I could pursue that would really help, i’m all for making money and working hard.

 

I just don’t know what to do

 

OP, a lot of background check companies don't report old convictions even if they're not expunged. It might take 10 years but it happens. I've seen it first hand. So don't lose hope. 

[Nat&Amy 623]

1 hour ago, Luckycuds said:

I would highly recommend you enroll in a community college whether for an associates or a certificate program

I second this suggestion. Even if you don't do it now due to all the pressure to work more hours, make a mental note to pursue this path at some point. It will pay off.

 

In addition to it, I also would like to congratulate you for coming back to share your story even after so many of us have given you less than positive feedback.

 

As you might have noticed by now, your situation is far from ideal, but there are things you can do to try and fix it.

 

Here is a suggested plan of action:

 

* Have your wife apply for an ITIN and fix your taxes. This part is paramount.

 

* There are online platforms such as Upwork where you can offer your services as a freelancer. If you don't have any skills that could get you jobs, try to learn one that doesn't require any substantial investment. Do a few jobs for free or for a lower fee to get contacts and build clientele, don't give up if things are slow in the beginning.

 

*As mentioned before, try to find a job that pays more. Target is a good one, Walmart too. I know someone with a conviction that managed to be assistant manager after years of hard work. Nothing is impossible.

 

*Immigration can be overwhelming and put a lot of strain in any relationship. Ensure your wife has a good support network. Help her find hobbies, find a community, stay in touch with her family. And please, file for AoS as soon as you can, even if that means talking to your family again and accepting their terms for cosponsorship.

 

You have an uphill battle ahead but you have fought uphill battles before and survived to tell the tale. Time to roll those sleeves up once again.

Edited January 31, 2020 by Nat&Amy

[Inlove2017 14]

18 hours ago, jpr836 said:

I also don't have her on any of my bills (Electric, Water etc) and we don't have a joint bank account. 

Im going to try and make a joint account in a few days. 

 

Im not sure how to do any of that, Im going to try soon.

She is on the lease though, so thats good

You just call those places or go in person. It’s nothing too complicated.

[designguy 1,179]

2 hours ago, Boiler said:

You brought somebody to this country, you knew the deal, what was your plan?

Seconding this. 

 

If you were not ready to financially support someone coming to the US then you shouldnt have brought them in the first place. The rules are there to protect both the immigrant and the government. While the mistakes have been made basically the only way forward is to find a way to make it work, otherwise your wife will need to consider going back to her home country.

 

 

[Zoeeeeeee 797]

3 hours ago, Nat&Amy said:

 

* There are online platforms such as Upwork where you can offer your services as a freelancer. If you don't have any skills that could get you jobs, try to learn one that doesn't require any substantial investment. Do a few jobs for free or for a lower fee to get contacts and build clientele, don't give up if things are slow in the beginning.

OP,  this is a good shout - particularly if you have any handyman, gardening or flat pack furniture-building skills! I'm not certain what the website is called, but my friend bought a gazebo recently and used a website where you list what job you need doing and tradesmen/people who can do the job contact you and offer you a quote. 

 

She paid the guy that erected it for her $75 and he did it in less than an hour...not saying that all odd jobs pay that well, but there are a lot of people who would much rather outsource menial or physical tasks...

[MichaelB265 0]

I would prepare yourself for a long difficult road. I envision several RFE's and quite possibly an outright denial. Do your legwork upfront. Get the taxes straight and joint assets created to show the bona fide relationship. 

 

Based on your income level, I agree with others that you should go to a community college and work towards a degree or trade certificate. At your income levels you would be eligible for pell grants and other financial aid that would most likely not require paying back. Even if you have to take out a student loan, you don't have to start paying it back until after 6 months from graduation and you could work out other arrangements to minimize the financial impact of the loans up front and a 2 year degree at a cc would probably only result in couple thousand dollar loan that can be paid back over many years resulting in an extremely small monthly payment. I paid $400 per month on over $90k of student loans. A $5-6k loan (probably far less than that with grants and so forth) for a trade certificate or associates degree would be very manageable when you got a higher paying job. 

[Villanelle 4,122]

On 1/30/2020 at 1:13 AM, jpr836 said:

I haven't had the means to file until now. 

This last year I finally made JUST enough to be her sponsor (a little over 26k) and we have the money for her documents.

Anything I should know, problems I may have?

 

All Im waiting on now is to file taxes for this year...

I heard I need to file taxes jointly??

I didn't do that the last 2 years, my tax agent didn't think I could since my wife is not a citizen.

How can I file jointly this year?

 

Any help or advice would be MUCH appreciated

IMO everything that has been posted while accurate is being presented in more of a glass half empty then glass half full kind of way. So Im going to try to keep my post more optimistic. Things are not as bad as it may seem overall.

 

First you have to get her an ITIN number and get the taxes sorted. Did they amend your MFJ return to 'single' or to MFS? I would assume they wouldve changed it to MFS but perhaps they did change it to single... Either way it is what it is and you cant change what happened but you can amend it now.  In all honesty the IRS does not care if you are married and file as single or if you fail to claim any credits you are entitled to. They do care however when its the opposite scenario and you claim stuff you are not entitled to or use a status you are not eligible for to get a larger refund. So you will not be 'in trouble' with the IRS if your return was done as single and you are married.  For USCIS you need to show tax returns and they can take issue if you filled out your tax return or any other official documentation for that matter inaccurately. It calls into question your character and ability to make the statement that you entered in to the marriage in good faith and not for immigration benefits. Mistakes on documents and forms can happen but as long as you show how you corrected it and it wasnt done intentionally or to defraud its not an issue.

 

She will have to get a new medical done. This is going to cost you several hundred dollars. Shop around and try to find the best deal as not everyplace charges the same. Some people have also had success getting their medical insurance to cover part or all of it.  Make sure to get her vaccine records so you dont end up having to pay for ones you dont need. 

 

Creating joint stuff now is fine but it doesnt negate the fact that you will need to prove bonafides for the entire marriage and newly created stuff does nothing to prove the last 3 years. So what to do? Browse through both the ROC and AOS forums and look for posts from people who used less then traditional evidences. If you dont have a mortgage for example (or a lease) you can provide a statement from the friend or family member you all live with explaining the living situation, how much you pay etc. You dont necessarily need a joint bank account. You just need to show co-mingling of finances. So that can be your account statements showing purchases for bills and expenses for you both for the last 3 years. You are going to have to get creative with your evidence and will want to draft out a detailed letter explaining what you are sending. 

 

Others have mentioned the new public charge rules. When you send your AOS packet you need to include the 864. Send it in as things are showing your income that barely passes. Your wife will get her EAD anywhere from 3-6 months apx after you file. Once you file and get your NOA and she does biometrics you can attempt to send in an expedite for her EAD based on financial hardship so she may be able to get it sooner. Asking for the expedite is free so it doesnt hurt to try. Even if she doesnt get it expedited she will most likely have it and be able to secure a job before the AOS interview. (most likely you guys are going to get an interview because when approved she would be getting the 10yr card and not the 2yr one and also because of your non traditional evidences). Her income (once she has her EAD) can be then added to an updated 864 you bring to the interview. Even if she is only able to get a min wage job her additional income should push you guys into a more probable approval for the 864.   

 

[geowrian 22,337]

1 hour ago, Villanelle said:

Others have mentioned the new public charge rules. When you send your AOS packet you need to include the 864. Send it in as things are showing your income that barely passes. Your wife will get her EAD anywhere from 3-6 months apx after you file. Once you file and get your NOA and she does biometrics you can attempt to send in an expedite for her EAD based on financial hardship so she may be able to get it sooner. Asking for the expedite is free so it doesnt hurt to try. Even if she doesnt get it expedited she will most likely have it and be able to secure a job before the AOS interview. (most likely you guys are going to get an interview because when approved she would be getting the 10yr card and not the 2yr one and also because of your non traditional evidences). Her income (once she has her EAD) can be then added to an updated 864 you bring to the interview. Even if she is only able to get a min wage job her additional income should push you guys into a more probable approval for the 864.  

I agree with the bulk of the post, however I (kinda) disagree with the part in bold above.

USCIS generally issues an RFE/RFIE when there is an insufficient I-864. In the past couple years they have really clamped down on this...I know previously it was not too uncommon to get an EAD first then an RFIE later for the I-864, but I have not seen that recently.

What exactly is "insufficient" includes both missing and improper documentation as well as income being insufficient. In this case, it appears that the income is either under the 125% level for their household size or literally just dollars above.

 

If under, I don't expect an EAD to be issued unless they can either show more income, sufficient assets, or a joint sponsor.

If technically over the minimum, it is rolling the dice. The initial review may overlook it and let the IO for the I-485 make the call. They also may not. I have seen cases of the latter. I have not seen recent cases of the former, but I would not expect somebody who did not have an issue to be posting about it...lack of evidence is not evidence itself.

Edited February 1, 2020 by geowrian