Fee waiver - adjusting status
Dec 14th 2015, 7:37 am
#1
Are we there yet?
Thread Starter
Joined: Jul 2007
Location: 31 miles from Cool (California)
Posts: 2,467
Fee waiver - adjusting status
So, I just wanted to hear from you guys about this situation currently happening with someone in my office.
The guy (from Jamaica) was on a H-2B visa legally (at least at first) in the USA and married a USC
She was filing for him to adjust status, but then drops the bombshell that she's also filed a fee waiver.
Now, I assume that she got someone else to sign for the affidavit of support.
She's asking me questions, and I'm saying maybe you need to consult with a lawyer.
I also find out that he's unemployed as his employer that applied for the H-2B visa no longer needs the assistance.
So a couple of questions.
Can he stay legally in the US with a H2B visa without a job?
Will they be able to adjust status with a fee waiver?
any other pitfalls you can see?
This is for my info and education only. As I said, I'm avoiding giving advice or instruction apart from - go see a lawyer.
The guy (from Jamaica) was on a H-2B visa legally (at least at first) in the USA and married a USC
She was filing for him to adjust status, but then drops the bombshell that she's also filed a fee waiver.
Now, I assume that she got someone else to sign for the affidavit of support.
She's asking me questions, and I'm saying maybe you need to consult with a lawyer.
I also find out that he's unemployed as his employer that applied for the H-2B visa no longer needs the assistance.
So a couple of questions.
Can he stay legally in the US with a H2B visa without a job?
Will they be able to adjust status with a fee waiver?
any other pitfalls you can see?
This is for my info and education only. As I said, I'm avoiding giving advice or instruction apart from - go see a lawyer.
Last edited by Trixie_b; Dec 14th 2015 at 8:03 am.
Dec 14th 2015, 8:57 am
#2
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,565
Re: Fee waiver - adjusting status
He's certainly not in status for the H2B, but seeing as he is married to a USC he can stay in the US under color of law until the AoS is adjudicated.
The fee waiver is something different from the AoS itself, it might be approved, it might not, been the AoS can still go forward even if the waiver is denied providing they pay.
The fee waiver is something different from the AoS itself, it might be approved, it might not, been the AoS can still go forward even if the waiver is denied providing they pay.
Dec 14th 2015, 10:12 am
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Fee waiver - adjusting status
He is out of status if he no longer works for the sponsoring employer. However, as long as he doest get into any trouble, USCIS will forgive this out of status situation because he married a USC and is filing AOS.
Sometimes fee waivers get approved, sometimes not. ..it's up to USCIS to review their hardship and approve or deny the fee waiver. This is just for waiving the I-130 and I -485 filing fees.
She still needs to complete an I -864, even if she doesn't qualify financially. I assume she's using a joint sponsor, which is fine.
Rene
Sometimes fee waivers get approved, sometimes not. ..it's up to USCIS to review their hardship and approve or deny the fee waiver. This is just for waiving the I-130 and I -485 filing fees.
She still needs to complete an I -864, even if she doesn't qualify financially. I assume she's using a joint sponsor, which is fine.
Rene
Last edited by Noorah101; Dec 14th 2015 at 10:15 am.
Dec 14th 2015, 10:23 am
#4
Concierge
Joined: Apr 2001
Posts: 46,482
Re: Fee waiver - adjusting status
I was under the impression that the USCIS did away years ago with the fee waiver for everything but naturalization.
Dec 15th 2015, 2:26 am
#5
Are we there yet?
Thread Starter
Joined: Jul 2007
Location: 31 miles from Cool (California)
Posts: 2,467
Re: Fee waiver - adjusting status
Thanks for the info..... I just thought it such a dichotomy - filing the affidavit of support while filing a hardship waiver at the same time.
Whatever will be, will be.
You guys are so knowledgeable. Thanks for the assistance
Whatever will be, will be.
You guys are so knowledgeable. Thanks for the assistance
