meauxna

Steve, my suggestion is that you scrape up all your money and buy your own green card. You need about $565K.

You can't just move to the US because you want to.
Your "wife" can't have you move here just because she wants to, without taking fiscal responsibility (at the most very basic level for gods' sake) for you.
The contempt Rebecca shows the rest of us (through your communication) doesn't inspire much romanticism.

In answer to your question, I have one of my own. Why didn't you find out what you were getting into beforehand?
What you want does not exist but in a year and a half+ it hasn't sunk in?

Bomjeito

Oh wow.

I'm amazed at this situation. I knew the deal when doing the I-864 - millions do it every year. I never thought twice that MY FUTURE MONEY would possibly taken (ruinous bills from USG? Come on...) - we were married, we wanted to live in the USA and heck, my husband did the same for me to get my UK spousal visa.

People who have scraped pennies to meet the levels and people who had to ask a joint sponsor when they could not meet the levels...

Then I read this with an obviously well-resourced couple, and the USC wife is worried about her money. Hawaii is lovely, and its a very expensive place to live. I don't think the USC wife is flipping hamburgers at McDonald's that required her to request a pre-nup in the first place. And now HER lawyer feels supporting the visa so her HUSBAND can LIVE with her in the US *may* contradict her pre-nup?

I read a few times your self-assessment of your psychological needs. She obviously knows that you need to be with someone as opposed to being alone. She's gone along with the deal until now. I wonder if someone asked her, "Would you support this I-864 or leave your husband?" = what is that answer? If in your gut, you know the latter, then its time to yes, consider that the relationship is not as solid in foundation as you think it is.

I realize that you will jump hoops for her and that is admirable. She's a lucky lady. However, if your lady isn't interested to do anything that might - and that is a LONGSHOT might - with those kinds of assets and funds AND that within a few years you simply naturalize ....its not a full marriage or partnership. I'm sorry for all this hassle but wish you the best of luck and mostly wish that your lady opens her eyes to realize that she has a great guy in her life that will do anything for her, and to stop being so selfish for something that millions of married Americans and other sponsors have done for years so that they can stay physically together with their loved ones.

Noorah101

This seems to be what Rebecca wanted in the first place...an escrow account set up, with a fixed figure, so that she'll then sign the I-864.

Steve...why don't YOU want to do this? If that's what it takes to make her happy and sign the I-864 so you can stay together in the same country...

Rene

scrubbedexpat099

To be picky you would need an annuity that would provide a sum equivalent to the 125% (plus inflation probably) to be put in ESCROW.

Who knows if he ever will naturalise?

traceym

Either this is now a wind up or these GROWN ADULTS need their heads banging together. I do not believe for one minute people go into this without a nanosecond of thought or research. As Bill said people scrape beg and borrow to be together and these people A, Did not think or B. Did not research anything, its quite frankly pathetic and I feel so sorry for all the genuine scraping every penny together people who may have the misfortune to read this thread!

Steve Homer

LOL well if someone wants me to co sponsor them ....

Noorah101

You can't even do THAT until you have your green card!

Rene

Steve Homer

Well thanks for the helpful comments but golly gosh some of you are rather self righteous - I envy you your certitude.

As I said at the beginning I HAD researched this pretty fully and planned to do the AoS as soon after we were wed as possible. I did NOT spot a SECOND affidavit of support would be necessary and I have apologised for this. I think I noted everything else but thought the AfOS was the one we had already done. She did not want to sign the first one and being made to think about it all over again has caused this dilemma. Her reasons for her wobble are being badly burned in the past, our relationship being a bit wobbly (not helped by this) and other matters. Can we just agree she has problems with this and move on please.

For the record I WANT to be with Rebecca. She has an 12 year old daughter so us moving to the UK is not really on the cards (although I do want to still live part of our life there at some stage). I want to be in the US to be with Rebecca not the other way round.

The escrow account had been agreed to but in reality at what size? To be 100% safe, as someone pointed out, it really has to produce an INCOME of $15,000 - yikes. We had come up with a much lower figure to cover more realistic problems.

The idea of a document saying I do not get it back until I become a USC or give back the Green Card may be helpful.

BTW the only reason I have so much cash is I sold my flat in London which I had paid my mortgage on for 24 YEARS (do the math) and I was left a SMALL inheritance when my mother died. Prior to selling my flat I was pretty much living on debt so please don't all get so high and mighty. When you are 55 you are likely to have a house worth more than this if you pay your mortgage!

Two final questions. 1) Anyone know a good immigration lawyer on Maui or a good one available for telephone consultations.

2) Still confused about being an overstayer. I had always thought that, as long as I do not work in the US and I do not try to leave I was doing nothing wrong. Is that incorrect? Rebecca checked with USCIS and they said it was OK.

Anyway once again thanks for the helpful comments.

Steve who would be in paradise if this daft process were not so daft!

PS What was this about buying a Green Card for $500K or some such.

Steve Homer

ROFL

Rene once again thanks for your input. Unfailingly helpful.

Much appreciated

Steve

(Not talking about this one BTW - I was only joking about sponsoring - hope people know that. But if I ever finish the bloody book and it sells.... who knows...)

fatbrit

So negotiate and settle on a figure. We'll ignore the fact it's all beyond ludicrous so you don't keep going round in circles. Give yourself one (1) discussion which must be held within the next week to agree on the terms and amount. Write it down and then stick with it......and stop farting about.

You drive yourself in self-imposed circles, and this is a good example of it. Your goal is to live with Rebecca, not to hang on by a thread. Work on the goal, which can be attained by sticking to the above.

In your cases, it would be better spent on therapy. But I doubt it would cover all the issues.

Noorah101

Start here: www.ailalawyer.com and start making some calls/emails.

USCIS is the last place to go for correct advice. When you entered the USA using your K-1 visa, you had an I-94 in your passport, right? On that I-94, at the POE, they stamped a date (should be 90 days in the future). THAT is the deadline for your legal stay in the USA - UNLESS you file AOS. So anytime after the I-94 date but before USCIS accepts your AOS package, is "out of status" for you. Being out of status means you are not really OK to stay here. Your overstay will be forgiven, eventually, when you file AOS...USCIS gives you a break because you're married to a USC. But in the meantime, if you break the law in any way, the authorities have the right to remove you from the USA, because you have stayed beyond your I-94 date, and have not done anything else to make your stay here legal.

As for how to buy a green card, do a search on "investor visa".

Rene

md95065

You have to remember that this is the same guy who wanted a Cheap Maui Lawyer - to give pre nup once over and who said:

S Folinsky

General observation -- there is what the law says and then there is what the CIS thinks the law says. Life can be interesting.

scrubbedexpat099

If he isnt out of status he can not be far off

S Folinsky

Question of law: is he truly out of status? Again, there is often a difference between what the law says and what USCIS says it says.