What happens if you become poor while waiting?
Jun 11th 2005, 10:24 pm
#1
Guest
Posts: n/a
What happens if you become poor while waiting?
What would happen in the following situation?
You're a US citizen, born in the USA. You have a good job with plenty
of income. You sponsor your foreign fiancee, and when she arrives,
you marry her. You sponsor her to adjust status. The USCIS messes up
somehow, and it takes years before they schedule your interview. In
the meantime, your marriage is well established, you have children,
and your family is a stable part of your community. But then you hit
hard times. Unemployment, various financial disasters, etc., and you
no longer qualify to sponsor your wife. Then the USCIS finally
schedules the adjustment of status interview. You try to find
cosponsors, but everyone you ask has good reasons not to get involved.
So you go to the interview with your wife, and the interviewer says
you have to get a cosponsor. You continue to try to find a someone
who would be willing to cosponsor her, but are unsuccessful. Everyone
you know, knows you have hit hard times, and knows there is some risk
that your family might end up on welfare or something. They can't
afford to take the risk that they might end up liable for that.
What would happen in that situation? Would the adjustment of status
be postponed indefinitely, until you could either qualify to sponsor
her or find a cosponsor? What would happen if six months or a year
later you were still in the same situation, still unable to qualify
nor find a cosponsor? Would the USCIS deport your wife? Would they
take her away from her children and community, even though she never
did anything wrong and always followed all the rules?
Suppose your lack of income is caused by some kind of disability or
something. Something that makes it hard to earn enough, and/or hard
to find a job that pays enough. But your wife could easily earn
enough, if she could get her EAD. Would there be any way for her to
get it, even without having a sponsor? Or what else could she do?
You're a US citizen, born in the USA. You have a good job with plenty
of income. You sponsor your foreign fiancee, and when she arrives,
you marry her. You sponsor her to adjust status. The USCIS messes up
somehow, and it takes years before they schedule your interview. In
the meantime, your marriage is well established, you have children,
and your family is a stable part of your community. But then you hit
hard times. Unemployment, various financial disasters, etc., and you
no longer qualify to sponsor your wife. Then the USCIS finally
schedules the adjustment of status interview. You try to find
cosponsors, but everyone you ask has good reasons not to get involved.
So you go to the interview with your wife, and the interviewer says
you have to get a cosponsor. You continue to try to find a someone
who would be willing to cosponsor her, but are unsuccessful. Everyone
you know, knows you have hit hard times, and knows there is some risk
that your family might end up on welfare or something. They can't
afford to take the risk that they might end up liable for that.
What would happen in that situation? Would the adjustment of status
be postponed indefinitely, until you could either qualify to sponsor
her or find a cosponsor? What would happen if six months or a year
later you were still in the same situation, still unable to qualify
nor find a cosponsor? Would the USCIS deport your wife? Would they
take her away from her children and community, even though she never
did anything wrong and always followed all the rules?
Suppose your lack of income is caused by some kind of disability or
something. Something that makes it hard to earn enough, and/or hard
to find a job that pays enough. But your wife could easily earn
enough, if she could get her EAD. Would there be any way for her to
get it, even without having a sponsor? Or what else could she do?
Jun 12th 2005, 2:21 am
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What happens if you become poor while waiting?
HI Aaron,
If the foreign wife has lived with the USC for 6 months or more by the time of the interview, then yes, her income can be included on the new I-864 presented at the interview.
You said "if she could get her EAD"....usually people who adjust from a K1 *do* apply for and receive the EAD when they apply for AOS. The EAD is needed for some other reasons besides work, for example to obtain a driver's license.
If the income is STILL not enough, even with the foreign spouse's income, and there is no way to find a joint sponsor or earn enough money, I'm not sure what the outcome would be, except that the AOS will not be approved. I assume eventually they'll deny your case. They might put the foreign spouse in removal proceedings at which time you'd need to get an immigration attorney to file an appeal. I'm not a lawyer, I'm just guessing at this part of the scenario.
The poverty guidelines are pretty low, so even with disability pay, a part-time job that you CAN manage to do, and the foreign wife working, it's not really impossible to squeak by making enough to meet the I-864 requirements.
If this is your own case, I wish you all the best.
Rene
If the foreign wife has lived with the USC for 6 months or more by the time of the interview, then yes, her income can be included on the new I-864 presented at the interview.
You said "if she could get her EAD"....usually people who adjust from a K1 *do* apply for and receive the EAD when they apply for AOS. The EAD is needed for some other reasons besides work, for example to obtain a driver's license.
If the income is STILL not enough, even with the foreign spouse's income, and there is no way to find a joint sponsor or earn enough money, I'm not sure what the outcome would be, except that the AOS will not be approved. I assume eventually they'll deny your case. They might put the foreign spouse in removal proceedings at which time you'd need to get an immigration attorney to file an appeal. I'm not a lawyer, I'm just guessing at this part of the scenario.
The poverty guidelines are pretty low, so even with disability pay, a part-time job that you CAN manage to do, and the foreign wife working, it's not really impossible to squeak by making enough to meet the I-864 requirements.
If this is your own case, I wish you all the best.
Rene
Jun 12th 2005, 8:46 am
#3
Guest
Posts: n/a
Re: What happens if you become poor while waiting?
On Sun, 12 Jun 2005 14:21:58 +0000, Noorah101 <[email protected]>
wrote:
>You said "if she could get her EAD"....usually people who adjust from a
>K1 *do* apply for and receive the EAD when they apply for AOS. The EAD
Good point. But there are lots of cases where the immigrant can't get
an EAD. Consider another hypothetical situation:
The green card application was denied by mistake years ago, and the
case was closed. The EAD expired and can't be renewed because there
is no active case to base it on. The married couple kept trying to
get the case reopened, but the USCIS kept making mistakes trying to
reopen it, and the case remained closed. Then, after several years of
trying to get the case reopened, the USCIS told the couple it was too
late and they would have to reapply.
Keep in mind that the poverty level for a family of 4 or 5 is much
higher than for a family of 2.
Suppose the husband has a job which doesn't allow him to moonlight.
In other words, if he wants to keep his job, he has to keep it as his
only job. And it pays above the poverty level for a family of 2, but
not for a family their size, including their kids, who were born when
the husband had a much better job, which no longer exists.
So he can't get enough income to sponsor her, because their kids add
to the total amount of income required, and she can't work because she
doesn't have a valid EAD. But neither of them ever did anything
wrong. They always followed all the USCIS instructions and rules to
the letter, and had plenty of income when she immigrated.
In a case like that, is there any way she can get an EAD so she can
consponsor herself?
Another question is how they decide which immigrants to initiate
removal proceedings against. If she's out of status for years, trying
to get the USCIS to reopen her case and correct their original mistake
which caused them to deny her green card, will they eventually
initiate removal proceedings? How do they decide? Do they have
employees browsing through a database looking for immigrants to
remove? The USCIS employee finds her record and notices that she's
been out of status for years, and says "aha, here's one to remove",
and then clicks a button that says "remove" or "delete" or something
like that?
wrote:
>You said "if she could get her EAD"....usually people who adjust from a
>K1 *do* apply for and receive the EAD when they apply for AOS. The EAD
Good point. But there are lots of cases where the immigrant can't get
an EAD. Consider another hypothetical situation:
The green card application was denied by mistake years ago, and the
case was closed. The EAD expired and can't be renewed because there
is no active case to base it on. The married couple kept trying to
get the case reopened, but the USCIS kept making mistakes trying to
reopen it, and the case remained closed. Then, after several years of
trying to get the case reopened, the USCIS told the couple it was too
late and they would have to reapply.
Keep in mind that the poverty level for a family of 4 or 5 is much
higher than for a family of 2.
Suppose the husband has a job which doesn't allow him to moonlight.
In other words, if he wants to keep his job, he has to keep it as his
only job. And it pays above the poverty level for a family of 2, but
not for a family their size, including their kids, who were born when
the husband had a much better job, which no longer exists.
So he can't get enough income to sponsor her, because their kids add
to the total amount of income required, and she can't work because she
doesn't have a valid EAD. But neither of them ever did anything
wrong. They always followed all the USCIS instructions and rules to
the letter, and had plenty of income when she immigrated.
In a case like that, is there any way she can get an EAD so she can
consponsor herself?
Another question is how they decide which immigrants to initiate
removal proceedings against. If she's out of status for years, trying
to get the USCIS to reopen her case and correct their original mistake
which caused them to deny her green card, will they eventually
initiate removal proceedings? How do they decide? Do they have
employees browsing through a database looking for immigrants to
remove? The USCIS employee finds her record and notices that she's
been out of status for years, and says "aha, here's one to remove",
and then clicks a button that says "remove" or "delete" or something
like that?
Jun 12th 2005, 10:34 am
#4
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What happens if you become poor while waiting?
Hi again,
Your questions need to be asked of a competent immigration attorney, especially with that history of the green card dilemma.
I guess my only question would be...once USCIS said it's too late, and you must re-apply, did the family in question go ahead and re-apply? If they did, then again the EAD should have been part of that application package.
I'm pretty sure there is no way to get the EAD in conjunction with a marriage-based visa, without having a valid I-485 in the system. And in this case, it seems USCIS says there isn't one because it had been closed a long time ago, which brings me back to my original question...did they re-apply?
Right now, even her out-of-status will be overlooked if you re-file her AOS. The thing is, to do that, you *will* need that joint sponsor, since she can't get an EAD until you file for AOS.
Rene
Your questions need to be asked of a competent immigration attorney, especially with that history of the green card dilemma.
I guess my only question would be...once USCIS said it's too late, and you must re-apply, did the family in question go ahead and re-apply? If they did, then again the EAD should have been part of that application package.
I'm pretty sure there is no way to get the EAD in conjunction with a marriage-based visa, without having a valid I-485 in the system. And in this case, it seems USCIS says there isn't one because it had been closed a long time ago, which brings me back to my original question...did they re-apply?
Right now, even her out-of-status will be overlooked if you re-file her AOS. The thing is, to do that, you *will* need that joint sponsor, since she can't get an EAD until you file for AOS.
Rene
Jun 12th 2005, 1:56 pm
#5
BE Enthusiast
Joined: Feb 2005
Posts: 863
Re: What happens if you become poor while waiting?
Originally Posted by Aaron S .
On Sun, 12 Jun 2005 14:21:58 +0000, Noorah101 <[email protected]>
wrote:
>You said "if she could get her EAD"....usually people who adjust from a
>K1 *do* apply for and receive the EAD when they apply for AOS. The EAD
Good point. But there are lots of cases where the immigrant can't get
an EAD. Consider another hypothetical situation:
The green card application was denied by mistake years ago, and the
case was closed. The EAD expired and can't be renewed because there
is no active case to base it on. The married couple kept trying to
get the case reopened, but the USCIS kept making mistakes trying to
reopen it, and the case remained closed. Then, after several years of
trying to get the case reopened, the USCIS told the couple it was too
late and they would have to reapply.
Keep in mind that the poverty level for a family of 4 or 5 is much
higher than for a family of 2.
Suppose the husband has a job which doesn't allow him to moonlight.
In other words, if he wants to keep his job, he has to keep it as his
only job. And it pays above the poverty level for a family of 2, but
not for a family their size, including their kids, who were born when
the husband had a much better job, which no longer exists.
So he can't get enough income to sponsor her, because their kids add
to the total amount of income required, and she can't work because she
doesn't have a valid EAD. But neither of them ever did anything
wrong. They always followed all the USCIS instructions and rules to
the letter, and had plenty of income when she immigrated.
In a case like that, is there any way she can get an EAD so she can
consponsor herself?
Another question is how they decide which immigrants to initiate
removal proceedings against. If she's out of status for years, trying
to get the USCIS to reopen her case and correct their original mistake
which caused them to deny her green card, will they eventually
initiate removal proceedings? How do they decide? Do they have
employees browsing through a database looking for immigrants to
remove? The USCIS employee finds her record and notices that she's
been out of status for years, and says "aha, here's one to remove",
and then clicks a button that says "remove" or "delete" or something
like that?
wrote:
>You said "if she could get her EAD"....usually people who adjust from a
>K1 *do* apply for and receive the EAD when they apply for AOS. The EAD
Good point. But there are lots of cases where the immigrant can't get
an EAD. Consider another hypothetical situation:
The green card application was denied by mistake years ago, and the
case was closed. The EAD expired and can't be renewed because there
is no active case to base it on. The married couple kept trying to
get the case reopened, but the USCIS kept making mistakes trying to
reopen it, and the case remained closed. Then, after several years of
trying to get the case reopened, the USCIS told the couple it was too
late and they would have to reapply.
Keep in mind that the poverty level for a family of 4 or 5 is much
higher than for a family of 2.
Suppose the husband has a job which doesn't allow him to moonlight.
In other words, if he wants to keep his job, he has to keep it as his
only job. And it pays above the poverty level for a family of 2, but
not for a family their size, including their kids, who were born when
the husband had a much better job, which no longer exists.
So he can't get enough income to sponsor her, because their kids add
to the total amount of income required, and she can't work because she
doesn't have a valid EAD. But neither of them ever did anything
wrong. They always followed all the USCIS instructions and rules to
the letter, and had plenty of income when she immigrated.
In a case like that, is there any way she can get an EAD so she can
consponsor herself?
Another question is how they decide which immigrants to initiate
removal proceedings against. If she's out of status for years, trying
to get the USCIS to reopen her case and correct their original mistake
which caused them to deny her green card, will they eventually
initiate removal proceedings? How do they decide? Do they have
employees browsing through a database looking for immigrants to
remove? The USCIS employee finds her record and notices that she's
been out of status for years, and says "aha, here's one to remove",
and then clicks a button that says "remove" or "delete" or something
like that?
Jun 12th 2005, 2:19 pm
#6
Guest
Posts: n/a
Re: What happens if you become poor while waiting?
"Noorah101" <[email protected]> wrote in message
news:[email protected] m...
> > On Sun, 12 Jun 2005 14:21:58 +0000, Noorah101 <[email protected]>
> > wrote:
> >
> > >You said "if she could get her EAD"....usually people who adjust
> > >from a
> > >K1 *do* apply for and receive the EAD when they apply for AOS.
> > >The EAD
> >
> > Good point. But there are lots of cases where the immigrant can't get
> > an EAD. Consider another hypothetical situation:
> >
> > The green card application was denied by mistake years ago, and the
> > case was closed. The EAD expired and can't be renewed because there
> > is no active case to base it on. The married couple kept trying to
> > get the case reopened, but the USCIS kept making mistakes trying to
> > reopen it, and the case remained closed. Then, after several years of
> > trying to get the case reopened, the USCIS told the couple it was too
> > late and they would have to reapply.
> >
> > Keep in mind that the poverty level for a family of 4 or 5 is much
> > higher than for a family of 2.
> >
> > Suppose the husband has a job which doesn't allow him to moonlight.
> > In other words, if he wants to keep his job, he has to keep it as his
> > only job. And it pays above the poverty level for a family of 2, but
> > not for a family their size, including their kids, who were born when
> > the husband had a much better job, which no longer exists.
> >
> > So he can't get enough income to sponsor her, because their kids add
> > to the total amount of income required, and she can't work because she
> > doesn't have a valid EAD. But neither of them ever did anything
> > wrong. They always followed all the USCIS instructions and rules to
> > the letter, and had plenty of income when she immigrated.
> >
> > In a case like that, is there any way she can get an EAD so she can
> > consponsor herself?
> >
> > Another question is how they decide which immigrants to initiate
> > removal proceedings against. If she's out of status for years, trying
> > to get the USCIS to reopen her case and correct their original mistake
> > which caused them to deny her green card, will they eventually
> > initiate removal proceedings? How do they decide? Do they have
> > employees browsing through a database looking for immigrants to
> > remove? The USCIS employee finds her record and notices that she's
> > been out of status for years, and says "aha, here's one to remove",
> > and then clicks a button that says "remove" or "delete" or something
> > like that?
> Hi again,
> Your questions need to be asked of a competent immigration attorney,
> especially with that history of the green card dilemma.
> I guess my only question would be...once USCIS said it's too late, and
> you must re-apply, did the family in question go ahead and re-apply?
> If they did, then again the EAD should have been part of that
> application package.
> I'm pretty sure there is no way to get the EAD in conjunction with a
> marriage-based visa, without having a valid I-485 in the system. And
> in this case, it seems USCIS says there isn't one because it had been
> closed a long time ago, which brings me back to my original
> question...did they re-apply?
> Right now, even her out-of-status will be overlooked if you re-file her
> AOS. The thing is, to do that, you *will* need that joint sponsor,
> since she can't get an EAD until you file for AOS.
Depending upon the age of the OP, what about military service? We are still
considering that as a possibility for Brian and Abigail. An employer cannot
prevent Reserves or Guard and cannot terminate anybody for taking duty time,
right?
Mike D.
> Rene
> --
> Posted via http://britishexpats.com
news:[email protected] m...
> > On Sun, 12 Jun 2005 14:21:58 +0000, Noorah101 <[email protected]>
> > wrote:
> >
> > >You said "if she could get her EAD"....usually people who adjust
> > >from a
> > >K1 *do* apply for and receive the EAD when they apply for AOS.
> > >The EAD
> >
> > Good point. But there are lots of cases where the immigrant can't get
> > an EAD. Consider another hypothetical situation:
> >
> > The green card application was denied by mistake years ago, and the
> > case was closed. The EAD expired and can't be renewed because there
> > is no active case to base it on. The married couple kept trying to
> > get the case reopened, but the USCIS kept making mistakes trying to
> > reopen it, and the case remained closed. Then, after several years of
> > trying to get the case reopened, the USCIS told the couple it was too
> > late and they would have to reapply.
> >
> > Keep in mind that the poverty level for a family of 4 or 5 is much
> > higher than for a family of 2.
> >
> > Suppose the husband has a job which doesn't allow him to moonlight.
> > In other words, if he wants to keep his job, he has to keep it as his
> > only job. And it pays above the poverty level for a family of 2, but
> > not for a family their size, including their kids, who were born when
> > the husband had a much better job, which no longer exists.
> >
> > So he can't get enough income to sponsor her, because their kids add
> > to the total amount of income required, and she can't work because she
> > doesn't have a valid EAD. But neither of them ever did anything
> > wrong. They always followed all the USCIS instructions and rules to
> > the letter, and had plenty of income when she immigrated.
> >
> > In a case like that, is there any way she can get an EAD so she can
> > consponsor herself?
> >
> > Another question is how they decide which immigrants to initiate
> > removal proceedings against. If she's out of status for years, trying
> > to get the USCIS to reopen her case and correct their original mistake
> > which caused them to deny her green card, will they eventually
> > initiate removal proceedings? How do they decide? Do they have
> > employees browsing through a database looking for immigrants to
> > remove? The USCIS employee finds her record and notices that she's
> > been out of status for years, and says "aha, here's one to remove",
> > and then clicks a button that says "remove" or "delete" or something
> > like that?
> Hi again,
> Your questions need to be asked of a competent immigration attorney,
> especially with that history of the green card dilemma.
> I guess my only question would be...once USCIS said it's too late, and
> you must re-apply, did the family in question go ahead and re-apply?
> If they did, then again the EAD should have been part of that
> application package.
> I'm pretty sure there is no way to get the EAD in conjunction with a
> marriage-based visa, without having a valid I-485 in the system. And
> in this case, it seems USCIS says there isn't one because it had been
> closed a long time ago, which brings me back to my original
> question...did they re-apply?
> Right now, even her out-of-status will be overlooked if you re-file her
> AOS. The thing is, to do that, you *will* need that joint sponsor,
> since she can't get an EAD until you file for AOS.
Depending upon the age of the OP, what about military service? We are still
considering that as a possibility for Brian and Abigail. An employer cannot
prevent Reserves or Guard and cannot terminate anybody for taking duty time,
right?
Mike D.
> Rene
> --
> Posted via http://britishexpats.com
Jun 12th 2005, 7:18 pm
#7
Guest
Posts: n/a
Re: What happens if you become poor while waiting?
On Sun, 12 Jun 2005 22:34:37 +0000, Noorah101 <[email protected]>
wrote:
>I guess my only question would be...once USCIS said it's too late, and
>you must re-apply, did the family in question go ahead and re-apply?
In this particular hypothetical situation, assume the family was too
poor to qualify for the affidavit of support by the time the USCIS
said they had to reapply.
Also assume it might take them years to either find a qualfied and
willing cosponsor or improve their financial situation enough to
qualify, unless the wife can get an EAD.
The real question is, what happens during those years? Does the USCIS
automatically initiate removal proceedings? Or can their situation
continue year after year, not quite earning enough money to qualify,
but earning just enough to get by, while the USCIS continues to ignore
them year after year?
What if the wife does something else to make money, such as write a
book or something? Would that violate her status?
What if they start a business together, and the wife does most of the
work, but the money is in the husband's name? If the wife doesn't get
a salary, would that be ok?
How long does a business have to be profitable before the USCIS would
accept it for the affidavit of support?
What if they get their representative in congress to intervene, and
the case gets reopened, and an interview gets scheduled, but they
still don't have enough income for the affidavit of support? Would
the USCIS then suspend the case indefinitely, to wait, not matter how
many months or years it might take, for the couple to get a cosponsor
or more income? And, when the couple finally gets a cosponsor, or
enough income to qualfiy, some number of months or years down the
road, could they then send that evidence to the USCIS, to get the case
restarted again? Or would they then have to reapply a third time?
(Or however many times it was by then.)
wrote:
>I guess my only question would be...once USCIS said it's too late, and
>you must re-apply, did the family in question go ahead and re-apply?
In this particular hypothetical situation, assume the family was too
poor to qualify for the affidavit of support by the time the USCIS
said they had to reapply.
Also assume it might take them years to either find a qualfied and
willing cosponsor or improve their financial situation enough to
qualify, unless the wife can get an EAD.
The real question is, what happens during those years? Does the USCIS
automatically initiate removal proceedings? Or can their situation
continue year after year, not quite earning enough money to qualify,
but earning just enough to get by, while the USCIS continues to ignore
them year after year?
What if the wife does something else to make money, such as write a
book or something? Would that violate her status?
What if they start a business together, and the wife does most of the
work, but the money is in the husband's name? If the wife doesn't get
a salary, would that be ok?
How long does a business have to be profitable before the USCIS would
accept it for the affidavit of support?
What if they get their representative in congress to intervene, and
the case gets reopened, and an interview gets scheduled, but they
still don't have enough income for the affidavit of support? Would
the USCIS then suspend the case indefinitely, to wait, not matter how
many months or years it might take, for the couple to get a cosponsor
or more income? And, when the couple finally gets a cosponsor, or
enough income to qualfiy, some number of months or years down the
road, could they then send that evidence to the USCIS, to get the case
restarted again? Or would they then have to reapply a third time?
(Or however many times it was by then.)
Jun 12th 2005, 7:58 pm
#8
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: What happens if you become poor while waiting?
Hi Aaron,
Very basically, the foreign wife cannot earn income legally without the EAD in hand. If she can find work under the table in order to support the family for a short while, that type of work is usually overlooked by USCIS when it comes time for the interview...but I seriously doubt they would accept THAT income as part of the I-864, since it was illegal work. Of course the wife can help the USC run the business, she's just helping out her husband, as long as she doesn't receive a paycheck. But that doesn't really help to meet the I-864 requirements.
Also, there is no way around having to file the I-864. That cannot be waived.
There are some fee waivers for filing the forms for people with lower income. Contact Catholic Charities in your area for more information on that.
As for the USC having a self-employed business, that's fine. Might have to wait a year so that taxes get filed under that business so you can show income from it, or write yourself paychecks from the business as salary to yourself. Not sure how that works, really, as I'm not self-employed.
USCIS is not likely to "hunt down" the foreign wife, she will just continue to be out of status all that time. If she gets a traffic ticket or gets stopped by border control (which can happen on road trips) or tries to board an airline (even domestic flight), she might be found out and THEN have to deal with being here out of status. Definitely she should not leave the USA.
Hypothetically, a couple in this situation should get the help of a good immigration attorney to discuss their options and get sound advice on how to proceed in getting the AOS going ASAP.
Rene
Very basically, the foreign wife cannot earn income legally without the EAD in hand. If she can find work under the table in order to support the family for a short while, that type of work is usually overlooked by USCIS when it comes time for the interview...but I seriously doubt they would accept THAT income as part of the I-864, since it was illegal work. Of course the wife can help the USC run the business, she's just helping out her husband, as long as she doesn't receive a paycheck. But that doesn't really help to meet the I-864 requirements.
Also, there is no way around having to file the I-864. That cannot be waived.
There are some fee waivers for filing the forms for people with lower income. Contact Catholic Charities in your area for more information on that.
As for the USC having a self-employed business, that's fine. Might have to wait a year so that taxes get filed under that business so you can show income from it, or write yourself paychecks from the business as salary to yourself. Not sure how that works, really, as I'm not self-employed.
USCIS is not likely to "hunt down" the foreign wife, she will just continue to be out of status all that time. If she gets a traffic ticket or gets stopped by border control (which can happen on road trips) or tries to board an airline (even domestic flight), she might be found out and THEN have to deal with being here out of status. Definitely she should not leave the USA.
Hypothetically, a couple in this situation should get the help of a good immigration attorney to discuss their options and get sound advice on how to proceed in getting the AOS going ASAP.
Rene
Jun 13th 2005, 3:37 am
#9
Account Closed
Joined: Mar 2004
Posts: 2
Re: What happens if you become poor while waiting?
Technically there is very little you can do for others without EAD. Many of the domestic chores would be outside her remit, even for her own children.
FIRST You need to get her into status and she needs an EAD.
Perhaps you need to look at some creative accountancy to use assets to make up the shortfall so you can at least file for AoS and EAD.
And then when it comes to the interview, she should have a job and you will be in the position to submit new info which will pass close scrutiny.
FIRST You need to get her into status and she needs an EAD.
Perhaps you need to look at some creative accountancy to use assets to make up the shortfall so you can at least file for AoS and EAD.
And then when it comes to the interview, she should have a job and you will be in the position to submit new info which will pass close scrutiny.
Jun 13th 2005, 9:36 am
#10
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: What happens if you become poor while waiting?
Originally Posted by Noorah101
USCIS is not likely to "hunt down" the foreign wife...
Oh, let's not lose sight of the fact that this poor guy is merely the subject of a hypothetical situation. No real people were harmed in responding to this thread. I am a trained professional... do not attempt this at home.
Ian
Jun 13th 2005, 11:58 am
#11
Guest
Posts: n/a
Re: What happens if you become poor while waiting?
"Noorah101" <[email protected]> wrote in message
news:[email protected] m...
> > On Sun, 12 Jun 2005 22:34:37 +0000, Noorah101 <[email protected]>
> > wrote:
> >
> > >I guess my only question would be...once USCIS said it's too late,
> > >and
> > >you must re-apply, did the family in question go ahead and re-apply?
> >
> > In this particular hypothetical situation, assume the family was too
> > poor to qualify for the affidavit of support by the time the USCIS
> > said they had to reapply.
> >
> > Also assume it might take them years to either find a qualfied and
> > willing cosponsor or improve their financial situation enough to
> > qualify, unless the wife can get an EAD.
> >
> > The real question is, what happens during those years? Does the USCIS
> > automatically initiate removal proceedings? Or can their situation
> > continue year after year, not quite earning enough money to qualify,
> > but earning just enough to get by, while the USCIS continues to ignore
> > them year after year?
> >
> > What if the wife does something else to make money, such as write a
> > book or something? Would that violate her status?
> >
> > What if they start a business together, and the wife does most of the
> > work, but the money is in the husband's name? If the wife doesn't get
> > a salary, would that be ok?
> >
> > How long does a business have to be profitable before the USCIS would
> > accept it for the affidavit of support?
> >
> > What if they get their representative in congress to intervene, and
> > the case gets reopened, and an interview gets scheduled, but they
> > still don't have enough income for the affidavit of support? Would
> > the USCIS then suspend the case indefinitely, to wait, not matter how
> > many months or years it might take, for the couple to get a cosponsor
> > or more income? And, when the couple finally gets a cosponsor, or
> > enough income to qualfiy, some number of months or years down the
> > road, could they then send that evidence to the USCIS, to get the case
> > restarted again? Or would they then have to reapply a third time?
> > (Or however many times it was by then.)
> Hi Aaron,
> Very basically, the foreign wife cannot earn income legally without the
> EAD in hand. If she can find work under the table in order to support
> the family for a short while, that type of work is usually overlooked by
> USCIS when it comes time for the interview...but I seriously doubt they
> would accept THAT income as part of the I-864, since it was illegal
> work. Of course the wife can help the USC run the business, she's just
> helping out her husband, as long as she doesn't receive a paycheck. But
> that doesn't really help to meet the I-864 requirements.
> Also, there is no way around having to file the I-864. That cannot
> be waived.
> There are some fee waivers for filing the forms for people with
> lower income. Contact Catholic Charities in your area for more
> information on that.
> As for the USC having a self-employed business, that's fine. Might
> have to wait a year so that taxes get filed under that business so you
> can show income from it, or write yourself paychecks from the business
> as salary to yourself. Not sure how that works, really, as I'm not
> self-employed.
I would suspect that unless this business is incorporated the paychecks
would carry very little weight with USCIS. It could be considered simply a
transfer of funds from a checking account to a savings account and back to
the checking account to invent income if not incoprorated if they seriously
investigate the matter.
> USCIS is not likely to "hunt down" the foreign wife, she will just
> continue to be out of status all that time. If she gets a traffic
> ticket or gets stopped by border control (which can happen on road
> trips) or tries to board an airline (even domestic flight), she might be
> found out and THEN have to deal with being here out of status.
> Definitely she should not leave the USA.
> Hypothetically, a couple in this situation should get the help of a good
> immigration attorney to discuss their options and get sound advice on
> how to proceed in getting the AOS going ASAP.
> Rene
> --
> Posted via http://britishexpats.com
news:[email protected] m...
> > On Sun, 12 Jun 2005 22:34:37 +0000, Noorah101 <[email protected]>
> > wrote:
> >
> > >I guess my only question would be...once USCIS said it's too late,
> > >and
> > >you must re-apply, did the family in question go ahead and re-apply?
> >
> > In this particular hypothetical situation, assume the family was too
> > poor to qualify for the affidavit of support by the time the USCIS
> > said they had to reapply.
> >
> > Also assume it might take them years to either find a qualfied and
> > willing cosponsor or improve their financial situation enough to
> > qualify, unless the wife can get an EAD.
> >
> > The real question is, what happens during those years? Does the USCIS
> > automatically initiate removal proceedings? Or can their situation
> > continue year after year, not quite earning enough money to qualify,
> > but earning just enough to get by, while the USCIS continues to ignore
> > them year after year?
> >
> > What if the wife does something else to make money, such as write a
> > book or something? Would that violate her status?
> >
> > What if they start a business together, and the wife does most of the
> > work, but the money is in the husband's name? If the wife doesn't get
> > a salary, would that be ok?
> >
> > How long does a business have to be profitable before the USCIS would
> > accept it for the affidavit of support?
> >
> > What if they get their representative in congress to intervene, and
> > the case gets reopened, and an interview gets scheduled, but they
> > still don't have enough income for the affidavit of support? Would
> > the USCIS then suspend the case indefinitely, to wait, not matter how
> > many months or years it might take, for the couple to get a cosponsor
> > or more income? And, when the couple finally gets a cosponsor, or
> > enough income to qualfiy, some number of months or years down the
> > road, could they then send that evidence to the USCIS, to get the case
> > restarted again? Or would they then have to reapply a third time?
> > (Or however many times it was by then.)
> Hi Aaron,
> Very basically, the foreign wife cannot earn income legally without the
> EAD in hand. If she can find work under the table in order to support
> the family for a short while, that type of work is usually overlooked by
> USCIS when it comes time for the interview...but I seriously doubt they
> would accept THAT income as part of the I-864, since it was illegal
> work. Of course the wife can help the USC run the business, she's just
> helping out her husband, as long as she doesn't receive a paycheck. But
> that doesn't really help to meet the I-864 requirements.
> Also, there is no way around having to file the I-864. That cannot
> be waived.
> There are some fee waivers for filing the forms for people with
> lower income. Contact Catholic Charities in your area for more
> information on that.
> As for the USC having a self-employed business, that's fine. Might
> have to wait a year so that taxes get filed under that business so you
> can show income from it, or write yourself paychecks from the business
> as salary to yourself. Not sure how that works, really, as I'm not
> self-employed.
I would suspect that unless this business is incorporated the paychecks
would carry very little weight with USCIS. It could be considered simply a
transfer of funds from a checking account to a savings account and back to
the checking account to invent income if not incoprorated if they seriously
investigate the matter.
> USCIS is not likely to "hunt down" the foreign wife, she will just
> continue to be out of status all that time. If she gets a traffic
> ticket or gets stopped by border control (which can happen on road
> trips) or tries to board an airline (even domestic flight), she might be
> found out and THEN have to deal with being here out of status.
> Definitely she should not leave the USA.
> Hypothetically, a couple in this situation should get the help of a good
> immigration attorney to discuss their options and get sound advice on
> how to proceed in getting the AOS going ASAP.
> Rene
> --
> Posted via http://britishexpats.com
