Don't know what to do

[Dreamfyre 2]

My Mom was going to be my joint sponsor for my husband on his marriage based green card.  Today she informed us that she isn't going to do it.  He's here.  We got married 11/4.  His I-94 ran out 12/1.  We were going to turn papers in in the next week or so.  Now what?  I have no one else to co-sponsor him.  I have been disabled since 2013 and don't draw enough on my own.  Can a non-profit co-sponsor?  Are there any out there?  

[Crazy Cat 41,836]

46 minutes ago, Dreamfyre said:

Can a non-profit co-sponsor?

No.  Unfortunately, the only options are your sufficient income, your sufficient assets, or a well-qualified joint sponsor before filing the I-485 package.  Filing without a proper I-864 could lead to a denial.  He is now out of status, and he is subject to removal. 

Edited December 9, 2023 by Crazy Cat

[Crazy Cat 41,836]

***Moved to Adjustment of Status from Work, Student, & Tourist Visas****

[Dreamfyre 2]

1 hour ago, Crazy Cat said:

No.  Unfortunately, the only options are your sufficient income, your sufficient assets, or a well-qualified joint sponsor before filing the I-485 package.  Filing without a proper I-864 could lead to a denial.  He is now out of status, and he is subject to removal. 

 

So is he facing a 3 year ban and conselor processing if he leaves?

[Crazy Cat 41,836]

9 minutes ago, Dreamfyre said:

 

So is he facing a 3 year ban and conselor processing if he leaves?

If a person is out of status for more than 180 days, that person would face a 3 year ban after exiting the US.  A year or more out of status would accrue a 10 year ban after exiting.  Yes, the normal route would be consular processing and a spousal visa if he leaves.   Now that he has overstayed ESTA, it is revoked. 

 

The best courses of action would be to find a qualified joint sponsor and file proper I-485, I-131, I-130, and I-765 packages asap. 

Edited December 9, 2023 by Crazy Cat

[powerpuff 6,697]

Keep in mind that consular route also requires I-864 with the same requirements (either sufficient income, assets or a joint sponsor). 

[jackiegringa 419]

2 hours ago, Dreamfyre said:

So is he facing a 3 year ban

Only if he doesn't leave soon and accrues more than 180 days.

 

He will have a hard time filing for a tourist visa now that his ESTA will be canceled, so visits during the consular process might have to be from you. Not necessarily, but don't be surprised if he is denied a B2.

 

The consular process is very similar to the adjustment of status and when it's completed (1.5 years give or take) your husband will come to the US as a green card holder already, ready to work and travel from the moment he gets in.

[SalishSea 17,818]

7 hours ago, Dreamfyre said:

My Mom was going to be my joint sponsor for my husband on his marriage based green card.  Today she informed us that she isn't going to do it.  He's here.  We got married 11/4.  His I-94 ran out 12/1.  We were going to turn papers in in the next week or so.  Now what?  I have no one else to co-sponsor him.  I have been disabled since 2013 and don't draw enough on my own.  Can a non-profit co-sponsor?  Are there any out there?  

Can you not do any sort of work for pay?  Bringing over an immigrant is expensive.  If you can't afford to do that, is moving to his country an option?