I-485 Overstay on ESTA

[USC4SPOUSE 506]

13 minutes ago, Pandora Gadomska said:

Now I'm thinking I do have to file the I-864. I think the amendment means that if you don't meet the guidlines or support that he still can't be denied... I'm all confused on this. I keep reading it trying to understand the wording of it all

@Pandora Gadomska Yes, you do have to file the I-864. Previously, for some time during the Trump administration, you had to file the I-944 to demonstrate you would not become a public charge. You no longer have to do that. However, you still have to file the I-864 with the I-485.

 

[Sparkle Sparkle 914]

34 minutes ago, Pandora Gadomska said:

Now I'm thinking I do have to file the I-864. I think the amendment means that if you don't meet the guidlines or support that he still can't be denied... I'm all confused on this. I keep reading it trying to understand the wording of it all

The form you need to file are

Packet 1: Form i-130 (Price : 535)------It has no immigration rights to it, just tells USCIS to recognize your marriage in US or abroad

                  Form i-130A (Price : Free)-----The beneficiary of the I-130 needs to complete this to supplement your I-130. He must sign it since he is in the USA.

(You have concluded the part marked in RED)

 

(You need to complete the part marked in BLUE)

 

Packet 2:  Form I-485 (Price : 1225)-----He is asking USCIS to register him as a resident based on marriage to you the USC

                   Form I-864 (Price : FREE)-----You must include this in the form i-485. You are declaring your salary and assets informing the US government that your spouse is your responsibility and you will take care of him till he becomes a USC or attains a certain work credit. You cannot withdraw your support.

 

Packet 3:  Form I-765 (Price : Free only when you file concurrently with I-485) --------He is asking to seek employment.

 

Packet 4:   Form I-131 (Price : Free Only when you file concurrently with I-485)------This is known as advance parole...if approved he will be able to travel abroad while his adjustment of status is still in play. NOTE!!! If you filled I-765 a single biometric card known as COMBO car will be issued to cover for Employment authorization and Advance Parole.

 

You pay a total of 1760 USD. Since you paid 535 already...wait for your NOA (notice of action from from I-130) then add it to Packet 2, Then put packet 2,3,4 in a big Packet with supporting documents and sent them with a check, money order or credit care payment of 1225 USD

 

Either ways you have to file and pay the 1225 USD otherwise he is up for deportation. 

 

NOTE

Include form G-1145 (Notification of acceptance) in packet 2,3,and 4 so they notify you when they receive your forms..

 

It is not rocket science !!!       Goodluck!!

 

 

 

Edited July 1, 2021 by Sparkle Sparkle

[Mike E 11,742]

2 hours ago, Pandora Gadomska said:

One last question:  I filed the i130 and I am awaiting the i797 (receipt). Will I need to file his i485 before his ESTA expires on Aug 4? or will it be ok to file after that? The application fee is a lot for me and I'm not sure if I'll have the funds before then. Will the fact that I filed my i130 be enough or will it be a problem if he overstays on ESTA w/o filing his 485 first? 
(I'm not sure if I worded that correctly, I can rephrase if not)

Do everything in your power to file before his I-94  expires. While it might be true ICE won't come calling, it isn't true ICE won't come calling if he is detained by a local law enforcer or held up at a TSA check point who then refers him to ICE and/or CBP (who in turn will refer him to ICE). See: https://removeddit.com/r/immigration/comments/o03iz6/us_immigration_i751_yes_or_no_as_an_answer_to/  for context, and then see 

 

 

Follow the guide from Visa Journey for your case: 

 

[arken 4,197]

1 hour ago, Sparkle Sparkle said:

wait for your NOA (notice of action from from I-130) then add it to Packet 2,

No need to wait, OP already has the NOA on her uscis account.

[Pandora Gadomska 2]

THANKS SO MUCH EVERYONE... Here might be the problem though. I have been on disability since 1993. I am perm disabled. I am already receiving gov't assistance in the form of SSD and SNAP. I do not meet the income requirements. I have added my daughter as a joint sponsor but I still don't think we make the required amount. This is going to be a problem? my income? or lack of it? I can't believe you can't just love someone who was born in a different country and try to be together...I'm finding this process insanely frustrating  😕 

[arken 4,197]

5 minutes ago, Pandora Gadomska said:

do not meet the income requirements. I have added my daughter as a joint sponsor but I still don't think we make the required amount. This is going to be a problem? my income? or lack of it?

Yes, not meeting i864 requirement implies no GC.

 

7 minutes ago, Pandora Gadomska said:

can't believe you can't just love someone who was born in a different country and try to be together

Of course you can. The govt is simply saying they don't want to pay for daily needs of that foreign person.

 

[USC4SPOUSE 506]

@Pandora Gadomska you can always try to find an additional co-sponsor. 

[Pandora Gadomska 2]

I don't have anyone in the world except my daughter and husband. From what I'm understanding, they aren't rejecting applications for income but I don't know. Worse case scenario, I can move to Poland, Peru or anywhere in Europe. I'm just trying to keep my family together. My current home in PA is preferable, but home will be where ever we can all be together. 

[arken 4,197]

23 minutes ago, Pandora Gadomska said:

From what I'm understanding, they aren't rejecting applications for income

If not income one needs to have sufficient assets (min of 5 times the difference poverty guidelines and the income for the household). If both income and assets are not sufficient, AOS won't be approved.

[Sparkle Sparkle 914]

27 minutes ago, Pandora Gadomska said:

I don't have anyone in the world except my daughter and husband. From what I'm understanding, they aren't rejecting applications for income but I don't know. Worse case scenario, I can move to Poland, Peru or anywhere in Europe. I'm just trying to keep my family together. My current home in PA is preferable, but home will be where ever we can all be together. 

My point exactly... Home is always where your heart is. 

[Mike E 11,742]

35 minutes ago, Pandora Gadomska said:

 they aren't rejecting applications for income 

Rest assured that I-485s get rejected for lack of income. 

[USC4SPOUSE 506]

48 minutes ago, Pandora Gadomska said:

I don't have anyone in the world except my daughter and husband. From what I'm understanding, they aren't rejecting applications for income but I don't know. Worse case scenario, I can move to Poland, Peru or anywhere in Europe. I'm just trying to keep my family together. My current home in PA is preferable, but home will be where ever we can all be together. 

Honestly, I would just go where your disability income may stretch further. 

You can also qualify based on assets as @arken explained. Do not know if that is an option for you. 

 

[Pandora Gadomska 2]

I don't have any assets. I am low income. 

[Boiler 46,109]

You can use Joint Assets

[Pandora Gadomska 2]

my daughter is on disability and owns less than I do. My husband is working class and much younger than me. He can work when he is legally able to but at the present time, he has no assets either.  I guess I'll just move to South America. I've lived in Peru before and my disability benefits go much further there. I'll still try to adjust his status but I'll prepare to move out of country if I have to.