selectap

High everyone.
Hope someone on here can point me in the right direction.
I came to the states at Christmas to visit a friend and ended up overstaying my 90 days and getting married. Not such a problem according to the 1st solicitor i spoke to,but in a further conversation with the senior partner the fact that my wife is disabled and in receipt of ssi means that i have to find another or joint sponsor. How would i go about this? Do i apply for jobs and hope that my perspective employer will not only hold a job open for me for however long it takes for me to be able to legally work here and also act as my sponsor? My wife has no family or friends who can act in that role. I am seeing the solicitor soon so that they can start on the paperwork for my green card and he assures me once thats started i cant be snatched up and put on a plane out of here, but the process will take longer.
Any information would be gratefully received.

hobbes79

Not a single US citizen or greencard holder that can help?

If you can't, then you have a problem.

Prospective cash doesn't count, unless the employer is kind enough to act as your sponsor in the interim.

selectap

I only found out this extra information today. But at the moment no, there is no-one that either of us can think of.

hobbes79

Then your options are limited. Others can weigh in, but as far as I know, it's a non-starter without that.

Other options to remain together involve both of you moving to the UK.

jeffreyhy

"but the proces will take longer" than what? What is the alternative, shorter, process? A joint sponsor with sufficient financial resources is essential if your wife's SSI is not allowed, or is insufficient in amount, to meet the financial requirement for sponsorship. Regards, JEff

selectap

It was my wife talking to the solicitor and from what i gather it will extend the waiting period another 6 months.
I know it isnt but it does seem that they are a bit discriminating against the fact that my wife is disabled and can not work though.

Noorah101

I don't follow the logic in this statement. As soon as you file a complete AOS package, the process is the same for everyone. However, the fact that you overstayed and are filing AOS *after* your overstay, could be a strike against you and your AOS might be denied.

If your wife does not have enough income, or you and she combined to not have enough in assets (3x the amount needed in income), then you WILL need a joint sponsor. You can file the AOS without the joint sponsor's I-864, but you will receive an RFE for it. If you receive an RFE and do not respond with the evidence within the given time frame, your case will be closed.

Rene

jeffreyhy

What is the "it" that will extend the waiting period another 6 months?

Regards, JEff

selectap

RFE?
Dont know the "IT". The information confused her. Think it was if we had a sponsor immediately the process starts now. If we have to look for one it takes longer. Guess i will find out this week.

janadeen

Boggles the mind - absolutely stunning ...

Noorah101

Request for Further Evidence

In your first post, you said you're going to see an immigration attorney soon. May I suggest hiring the attorney. He can help you guys fill out all the paperwork (as it sounds like you need the help), he can advise you of the pitfalls of doing a VWP --> AOS after an overstay, and he can appear at the AOS interview with you, to give you the best advantage of getting AOS approved.

Besides that, though, you WILL need to find a Joint Sponsor, and I suggest finding one before filing the AOS package, so you can include their information to make a complete package. It's not fun dealing with an RFE, and sometimes the RFE notice even gets lost in the mail....and you are still held responsible for responding to it, even though you never received it. Your case is risky enough as it is, without that added stress.

Rene

selectap

Oh request for evidence, not radio free Europe! Can i not request it be sent to my solicitors office as opposed to my address? Can i, at my cost have it sent registered?

jeffreyhy

That's one of the things that happens when an attorney is hired - the attorney becomes the one who deals with USCIS. No. Regards, JEff

selectap

Thanks. I guess thats why i will be paying them.

ian-mstm

Just so you know, if your adjustment of status is denied for any reason whatsoever, there is no appeal process for you - it's the end of the road. You signed away any rights you had when you entered the US on the VWP.


He's an idiot, and displays a very cavalier attitude towards your life. He isn't the one who will suffer from his own bad advice.


Immigration is usually a specialty for an attorney... are these guys immigration attorneys?


Is that true... that SSI can't be used? I wouldn't just accept their word on it without checking it out for myself.


As you note, it isn't discriminatory at all - since all family-based immigrants must have a financial sponsor. Respectfully, she probably should not have married without first understanding her own role in your immigration journey.

Ian