kittie1823

I was on a VWT back in 2004 and met my husband. We fell head over heels in love and discovered that I was pregnant before my VWT was expired. I didn't want to return to the UK and give birth there, so my husband and I got married and we had our daughter here in April 2005.

Now I'm really, really stuck. I want to stay here indefinitely but I have no clue what to do. I can't set foot inside an INS office without having a panic attack (I constantly think I'm going to get deported if a immigration official finds out my story) and I have no clue what to apply for. My husband is also in the process of being hired for a new job (since we know that his income has to be above $17,500 yearly and his old job at the moment doesn't). Should we hire an immigration attorney, or would it be a waste of money? Would it just be cheaper to go back to the UK and apply from there...or would I run the risk of not being able to get back into the US?

Help. Please

Elvira

Whatever you do, do not leave until you have your green card!!!

At present, you are subject to a 10-year bar... (And subject to deportation until you file for Adjustment of Status.)

Not sure why you did not adjust status as soon as you got married, but no use crying over spilt milk. It's a shame you did not file before the fees went up in July but you now need to do so without delay.

Once you file, you will be in 'pending adjustment status, i.e. safe from deportation. But you must not leave the US under any circumstances.

So file without delay. All the information is in the Wiki. You need form I-485 and all the associates supporting documents, including the Affidavit of Support. If your husband does not earn enough, you will need to find a joint sponsor (any USC or LPR who lives in the US can be a co-sponsor - read the guidelines).

If you want to work, you also need to file form I-765. Do not bother with form I-131 (Advance Parole) because you do not qualify.

HTH

kittie1823

I have one question for you. Would my MIL be able to sponsor me? I've got all the papers that you talked about and even had my medical completed. We just hit a bump in the road when we discovered that my husband didn't earn enough money.

snowbunny

She'd be able to co-sponsor you, yes. DO NOT leave the US and DO begin the paperwork immediately.

Elvira

As I said, any USC or PR living in the US can be a co-sponsor if they meet the financial requirements.

How long since you did the medical? Check that it has not expired.

kittie1823

They said at the place I had it done that it was valid for 12 months. We had it done in April.

Elvira

So get onto it - file now!!!

kittie1823

I will do! Thankyou SO MUCH for your help. I'll call my MIL to tell her the good news

One last thing, does my MIL need to fill in an Affidavit then like my hubby? I'm a bit confused?

Elvira

Yes, of course........... She needs to submit the relevant tax returns as well.

I'm sure it's all in the instructions

Elvira

I'm believe your husband also needs to file form I-130 concurrently with your I-485, i.e. include it with your package.

You might as well filr form I-765 as well, even if you do not want to work, seeing that it is included in the AOS fee. Once you have your EAD can apply for a SSN.

AFAIK it all goes to the Chicago lock-box, not your Service Center.

Elvira

PS: Can one of the Mods move this thread to the marriage-based forum?

meauxna

Knowledge is a great weapon against panic attacks.
-There is no more INS, so you don't have to be afraid of them
-'They' are not interested in your story; the agency that does the 'deporting' isn't interested in one overstaying spouse who is legally adjusting status (like you)
- You have a valid, legal method for sorting out your status
- USCIS Field Offices and 1-800#s are not good places to get advice on sorting out your status.

So, you need to either do some homework and bump up your own knowledge, or pay for someone who has already done so. And even if you hire someone, it's a good idea for you to have done your homework so you know if they are 'doing' your case right.
It's always a good idea to have at minimum a consultation with a lawyer to see if there is anything you have overlooked in the problem department (example: you now have enough overstay time that leaving the US is a bad idea if you want to come back in the next ten years.. stuff like that).

This page might help you see the process in a timeline flow; come back with your Qs after a little reading:

Guide for Adjusting Status

Rete

And proof of her citizenship and/or permanent residence status.

kittie1823

What would she use for that? I mean, my MIL doesn't own a passport. Just the usual documents like State ID, SSN and birth certificate

kittie1823

I'm sorry I knew it was the USCIS. It was the INS when I visited the US back in 2001. I can't keep track with them changing the name every five years And if I get my visa to stay here then you're telling me that I can't even go home for a visit in the next ten years....I'm not sure my only remaining grandparent will last that long!