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married USA citizen on holiday, help needed plz plz.

married USA citizen on holiday, help needed plz plz.

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Old Sep 20th 2006, 3:14 pm
  #16  
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by andysimmo
I would suggest talking to an embassy, to see what your options are.
A consultation with an immigration attorney would be a good idea, to discuss your options, too. It's not expensive for a 1-time consultation just to get on the right track.

Rene
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Old Sep 20th 2006, 3:15 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by andysimmo
I agree, it all depends on the sponser, and if she moves to the UK with you then it will be even more difficult, as her UK income cannot be used when you attempt to move back, it'll have to be US based assets (this is what happened to us). I would do as Rene suggests, look for another sponser, it's your best chance.

I'm wondering.. Is there a way you can apply for a extension to your old visa !? just so you can stay in the USA legally, while you wait ? I would suggest talking to an embassy, to see what your options are.
again great suggestion. will get on the phone to them in about an hour. as its still a little early to ring them.
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Old Sep 20th 2006, 3:17 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by Noorah101
A consultation with an immigration attorney would be a good idea, to discuss your options, too. It's not expensive for a 1-time consultation just to get on the right track.

Rene
thanks. will also look into this today.
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Old Sep 20th 2006, 3:21 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by Noorah101
That comes to 182 days total. I personally wouldn't risk it. If you return to the UK, and a ban comes into effect, your wife won't be able to bring you over until the ban is lifted (3 years, I guess).

Even if you don't get a ban, your wife will still be your sponsor. She will still have to meet the financial requirements for the I-864 when it comes time to turn in your paperwork to the consulate. Will she have a better job by then?

I would search high and low for a joint sponsor. Any USC or PR, living in the USA, can be one. Does your wife not have ANY other family or friends willing to help out?

Rene
my wife will meet the requiments as soon as she starts working, plus she has a very good job history as well.

ok going to get on with my missions that every one has suggested. today i feel a lot better about everything, so i thank you all very much.

peace.
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Old Sep 20th 2006, 3:36 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by indigoss
my wife will meet the requiments as soon as she starts working, plus she has a very good job history as well.

ok going to get on with my missions that every one has suggested. today i feel a lot better about everything, so i thank you all very much.

peace.
Just so you know, it's OK to submit an I-864 which does not meet the requirements, when you file AOS. All that is required when you file AOS is that you have all the paperwork included. The person that reviews that, is not the person who will be determining whether the I-864 qualifies or not. That is the job of the officer at the interview.

You might want to think about going ahead and filing AOS, even with an I-864 that does not meet the requirements, just so you'll stay in status. By the time your interview comes around, you'll either have a joint sponsor, or your wife will meet the requirements.

Rene
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Old Sep 20th 2006, 3:44 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by indigoss
again great suggestion. will get on the phone to them in about an hour. as its still a little early to ring them.
there is no extension for the VWP.
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Old Sep 20th 2006, 4:02 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by andysimmo
I agree, it all depends on the sponser, and if she moves to the UK with you then it will be even more difficult, as her UK income cannot be used when you attempt to move back, it'll have to be US based assets (this is what happened to us). I would do as Rene suggests, look for another sponser, it's your best chance.

I'm wondering.. Is there a way you can apply for a extension to your old visa !? just so you can stay in the USA legally, while you wait ? I would suggest talking to an embassy, to see what your options are.
It all depends on the UK Income, certainly if it is job related in a job that will not transfer, it can not.

He came on the VWP and overstayed. That has been mentioned several times.

Embassy's are not interested in Visa's, and Consulates do not provide free legal guidance.

He has been told what his options are, if he wants to he could also look for an initial consulatation with an Immigration lawyer.
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Old Sep 20th 2006, 4:26 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by Noorah101
Just so you know, it's OK to submit an I-864 which does not meet the requirements, when you file AOS. .........

You might want to think about going ahead and filing AOS, even with an I-864 that does not meet the requirements, just so you'll stay in status. By the time your interview comes around, you'll either have a joint sponsor, or your wife will meet the requirements.

Rene
And he can apply for an EAD at the same time, right?

But no point applying for AP because he can't use it because of the overstay...
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Old Sep 20th 2006, 4:30 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by Elvira
And he can apply for an EAD at the same time, right?

But no point applying for AP because he can't use it because of the overstay...
Right.
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Old Sep 20th 2006, 4:46 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

He hasnt overstayed 180+ days though... I still wouldnt use an AP if I were him but I think it can be done?
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Old Sep 20th 2006, 5:26 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by andrea874
He hasnt overstayed 180+ days though... I still wouldnt use an AP if I were him but I think it can be done?
Right
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Old Sep 20th 2006, 5:27 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by Noorah101
Just so you know, it's OK to submit an I-864 which does not meet the requirements, when you file AOS. All that is required when you file AOS is that you have all the paperwork included. The person that reviews that, is not the person who will be determining whether the I-864 qualifies or not. That is the job of the officer at the interview.

You might want to think about going ahead and filing AOS, even with an I-864 that does not meet the requirements, just so you'll stay in status. By the time your interview comes around, you'll either have a joint sponsor, or your wife will meet the requirements.

Rene
I have seen RFE's for this, may work, may not.
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Old Sep 20th 2006, 6:01 pm
  #28  
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Default Re: married USA citizen on holiday, help needed plz plz.

A suggestion.

Your lovely wife needs to make about $8/hr in order to file an affidavit of support for you. (Requirement for household of two persons is $16,500 ==> $8/hr x 40hrs/wk x 52 wks/yr = $16,640) Now I do not know what profession you mean by "DR" but now is not the time to be looking for that perfect job that advances one's career and looks nice on the CV. All she needs to do is get a job or two at the mall (or anyplace else that pays at least $8/hr). So do it, get it over with, and she can quit her $8/hr job when she finds a better one or after you start working or after your interview.
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Old Sep 20th 2006, 7:16 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by hcj1440
A suggestion.

Your lovely wife needs to make about $8/hr in order to file an affidavit of support for you. (Requirement for household of two persons is $16,500 ==> $8/hr x 40hrs/wk x 52 wks/yr = $16,640) Now I do not know what profession you mean by "DR" but now is not the time to be looking for that perfect job that advances one's career and looks nice on the CV. All she needs to do is get a job or two at the mall (or anyplace else that pays at least $8/hr). So do it, get it over with, and she can quit her $8/hr job when she finds a better one or after you start working or after your interview.

Of course

Karma heading your way.
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Old Sep 20th 2006, 7:29 pm
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Default Re: married USA citizen on holiday, help needed plz plz.

Originally Posted by hcj1440
A suggestion.

Your lovely wife needs to make about $8/hr in order to file an affidavit of support for you. (Requirement for household of two persons is $16,500 ==> $8/hr x 40hrs/wk x 52 wks/yr = $16,640) Now I do not know what profession you mean by "DR" but now is not the time to be looking for that perfect job that advances one's career and looks nice on the CV. All she needs to do is get a job or two at the mall (or anyplace else that pays at least $8/hr). So do it, get it over with, and she can quit her $8/hr job when she finds a better one or after you start working or after your interview.
Further good news, the Oregon minimum wage is currently $7.50/hour so even the most basic Fred Meyer job (or heck, Starbucks--they just added 15 new stores in Portland!) will cover you--the minimum wage will increase to $8/hour on Jan 1.
If a person needs a job, any job, they are here for the taking here in Portland. The sooner the OP files, the sooner he could start working.
The Portland office is regularly adjudicating AOS cases in less than 6 months (Green Card interview).
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