Jella

I am sorry to bring my situation up again; I already posted about it a couple of weeks ago, but I'd like to try and clear a few things out for myself.

Came into the States on a K1 in April. Got married early May. The 90 day period expires July 18.

Situation: we are to file for AoS (and EAD). However, we cannot provide an acceptable Affidavit of Support. My wife makes 400 a month, is a full-time college student, and I've no savings, or naturally, a job. No one will sign the affidavit for us, we've exhausted all the resources we could think of.

Someone said we should not file for AoS until we have a decent affidavit of support to offer. Unless I have filed or at least sent the application in by July 18, am I not illegally in the country? The only way our situation could change is if I could work, which I cannot do without an EAD. Am I immediately risking deportation and ban from the country? I keep hearing mixed recommendations...some say I should not leave the country, others say if I stay I am risking deportation and banning.

Furthermore, let's say for the sake of argument that the papers we are sending in will come back saying that we need to get a better affidavit of support. Then what? What can we do? And what if they send the whole package back? Do I have to leave the country?

Not only am I worried about leaving my wife (USC) here with the pets and an apartment and everything, all by herself, but I am also concerned about making a mistake that will make it impossible for me to return to this country for several years. I have called the BCIS help line several times and keep getting mixed information, or evasive replies to my questions.

I can't even sleep, pulling another all-nighter... This is really plowing into my mental with a hammer, this one.


[Our office will be San Antonio. If anyone is in a similar situation, or going through the same process and wants to keep in touch and provide mutual support, my AIM is 'sexydogbreath'.]

Dekka's Angel

Have you spoken to an attorney about any of this?

Given your low incomes, and given the demographics of the area, I'm sure that one of the many free immigration attorneys at the various Legal Aid Societies in the San Antonio areawould happily consult with you about this problem. For free.

It's worth the time, given that you got a fair amount of information and advice on this just a couple of weeks ago from the NG and still you're not settled about what strategies you have available to you, and what risks you face with each strategy.

doctor scrumpy

I'd say you were screwed more than a $ 2 whore....... How did u manage to bypass the questions about a sponsor when u went for the K1 ?

Scout

I want to echo Dr Scrumpy. How the heck did you come in on a K1 without evidence of support? Did you not file a I-134 Affidavit of Support for your K1 interview at the Embassy?

Cheers,

Leslie

Dekka's Angel

He explained in his earlier post a couple of weeks ago that the consulate in Finland approved their K-1, despite having a clearly insufficient I-134 in front of it. That "favor" is now coming back to haunt them at AOS time.

JoanneKarr

As far as filing before July 18th, my husband and I got married on June 10th, with our 90 day period being up on June 22nd. We still havent filed for AOS, due to the fact that we arent in a financial position to do so with the wedding and my husbands freelancing work being inconsistent at the moment.

We spoke to someone at BCIS and they said so long as we marry within that 90 day period that we'd be fine and could apply for AOS as late as August, which suits us fine as our house sale should be finalised by then.


Jo

doctor scrumpy

From what I gather, the average wage in the US is arounf $ 40 k pa...meaning you need to earn $ 50 k to support a spouse.

Careybear

Actually you need to make 125 % of the poverty level. Is there just the two of you? I'll go look up the amount you have to make a year to be okay. Did you include her student loans, grants or scholarships in your income? Is the $400 a month gross or net?

Carey

For 2 people you would have to make $15,150 a year.

http://www.immigration.gov/graphics/...les/I-864p.pdf

that tells the amount you have to make.....I'm just wondering for others out there who might know. Should you include the amount of money in food stamps you may receive? I receive food stamps every month and I'm wondering if I should include that in my affidavit when I file? I've been receiving them for two years.

bequibar

did you talk to your consulate?

Jella

The 400 she makes is before taxes.

Yes, I contacted the Consulate, and they detached themselves from the situation. They said, and I quote, that the BCIS have strickened their regulations since 9/11, and it is best to just follow them". In other words: we're not interested, if you get thrown out it's just too bad.

I can understand the Consulate's reluctance to get involved, but seriously, they're supposed to assist citizens in their time of need, in emergencies, as well as when dealing with immigration issues. The Finnish Consulate apparently do not share this ideology.

My wife does not have any student loans. If she took out a loan, would that constitute as income? Or a liability?

I have been in touch with the Finnish Ambassador, with ALL the churches in the area, with the local Legal Aid (the latter didn't even consider helping)... We cannot afford to hire an attorney, which...really sucks.

Her parents came over today, pretending everything was fine. They wanted to offer us lunch, we refused. They drove an hour and a half to come over...and stayed for 10 minutes. You should've seen the look on their faces... I'm as open-minded as the next guy when it comes to personal values, but these people's lunch company I could personally do without.

lairdside

Although I've heard of the Consulates doing this I have not heard of the BCIS looking at anyone's debts for the affidavit of support.

It would *seem* that it may be possible for someone to take out a loan for the shortfall amount x5 to cover this requirement, although I do not know in practise if the BCIS would question where the assets came from.

Have you tried Catholic Charities?

Mrtravel

Jella wrote:
    > The 400 she makes is before taxes.
    >
    > Yes, I contacted the Consulate, and they detached themselves from the
    > situation. They said, and I quote, that the BCIS have strickened their
    > regulations since 9/11, and it is best to just follow them". In other
    > words: we're not interested, if you get thrown out it's just too bad.
    >
    > I can understand the Consulate's reluctance to get involved, but
    > seriously, they're supposed to assist citizens in their time of need, in
    > emergencies, as well as when dealing with immigration issues. The
    > Finnish Consulate apparently do not share this ideology.

What is it that you expected the Finnish Consulate expected to do,
sponsor you?


    >
    > My wife does not have any student loans. If she took out a loan, would
    > that constitute as income? Or a liability?

The money would be an asset, the loan a liability. There would be no
benefit to this.


    > I have been in touch with the Finnish Ambassador, with ALL the churches
    > in the area, with the local Legal Aid (the latter didn't even consider
    > helping)... We cannot afford to hire an attorney, which...really su

There would be little the attorney could do. The sponsor clearly doesn't
meet the financial requirements.

    >
    > Her parents came over today, pretending everything was fine. They wanted
    > to offer us lunch, we refused. They drove an hour and a half to come
    > over...and stayed for 10 minutes. You should've seen the look on their
    > faces... I'm as open-minded as the next guy when it comes to personal
    > values, but these people's lunch company I could personally do without.

I don't understand the issue you have with her parents.
What personal values are you referring to?
Did they refuse to co sponsor??

Mrtravel

lairdside wrote:
    > Originally posted by Jella
    >
    > It would *seem* that it may be possible for someone to take out a loan
    > for the shortfall amount x5 to cover this requirement, although I do not
    > know in practise if the BCIS would question where the assets came from.
    >

How would a student making $400 get a loan for $50000 (15000-5000
income=10000 shortage of income. Assets are counted at 1/5 of value
toward income, so $50000 would be needed.

    > Have you tried Catholic Charities?

I don't think CC would sponsor him, so what else would they do?

San Bernardino Filer

I do not understand why you cannot go ahead and file. Doesn't it take
a long time to get an interview in Texas? Will they even look at the
affidavit of support before the interview? Even if they do, will they
deny an EAD on the basis of insufficient money in the affidavit? I am
not an expert, but I don't think so. I think if they did then you
could go to your Congressperson. It just doesn't seem right to have a
catch-22 where you can't work, so therefore you can do the AOS. I
suspect that if you apply, you will get your EAD, then you can get a
job. After you are working you will be able to make a revised Aff.of
Support to take to your interview. Everybody is required to have a
current affidavit, so many people end up updating theirs at the
interview. The only difference in your case is that you don't have a
sufficient income for the first affidavit, but I don't see why you
shouldn't file it. Perhaps you can include a letter saying that after
receiving the EAD you will get a job to support your family.

If I am wrong about this, the alternative is for your wife to
temporarily get a summer job or take a quarter off from school if she
must to improve your financial standing. Then you can file the
affidavit while she is working on the basis of that job. As long as
she shows some income on the affidavit, they aren not known for
denying an EAd just becasue the sponsor was a astudent in the previous
tax years. If she later quits her job to focus again on school, it
won't matter until the interview. In the meantime, you will get the
EAD and can get a job.

Yours is a hard situation, but I think there are many possible things
you can do other than leaving the country.

Scout

Catholic Charities assists in immigration matters. So they could be of some benefit to him.


http://www.catholiccharitiesusa.org/index_flash.cfm

Cheers,

Leslie


PS - Thanks Dekka's Angel, I must have missed his previous post.