[email protected]

Hi! I am a Mexican citizen, and I am married to an american citizen.
Here is our story.

1997 My husband and I met online, we inmediately clicked and fell in
love and started our exclusive long distance retationship. We met in
person and since then we have been visiting each other whenever
possible. We decided to get married. We decided to do it in Mexico on
June 24th, 2006. Little did we know that things were not meant to be
like that.

August 15th, 2005----- I came to visit him to the united states. I
was planning just to visit him for one month, I had my return ticket
and my waiting job in Mexico. My Port of entry was the Los Angeles
airport. I was given the I-94 for 6 months (until feb 14th, 2006)
As the time was aproaching to my departure (my ticket was for
september 15th), my husband and I were increasingly growing sad at the
prospect of being separated once more. He asked me to stay for a
month more, at least until my birthdday (october 14th). I called my
job and they allowed me to be away for another month. (i had a very
flexible teaching job but they said that if I wanted to stay more than
another month, I should quit).

October 14th, 2005--- My birthday. My husband asked me not to ever
leave him again, he wanted me to stay here to live with him. He told
me he asked one person that fills immigrations forms if it would be OK
to marry me and file for my AOS while here in the US, and that person
told him to go ahead. I said YES!

October 15th. 2005 I told my parents I was no going back. I quit my
job.

October 21st 2005, I got my marriage license, and wanted to get
married right away. My mom told me that she and my dad wanted to be
there (I'm their only child) so we waited for them to come here. NOTE:
My husband was divorced when we met, I had never been married before,
as I said earlier, we were planning a BIG catholic wedding in Mexico.
He wanted to say never married , so we would have no problem with the
priest in Mexico. But the clerk looked at him in the eye, and said:
You have never been married before? My husband got nervous, and he
said that he had an annuled married in 1980.

October 31st 2005 We got married! It was only a civil wedding at the
county clerk office. Our two witnesses where my mom (my dad couldn't
make it :( ) and one of my husband's cousins (his parents and his
siblings couldn't make it to our wedding either)

November 2005 - early February 2006
My husband and I have been happily together. We love being married.
BUT there's one problem. My husband is starting a new business that
requires him to be away from home several days a week and pretty much
consumes his every waking hour.
I kept pestering to get his tax documents for the past 3 years, and he
said he would do it when he had a chance because there was still time.

Feb 7th to 10th I get desperate and make him stop whatever it is that
he is doing. and make him get his tax documents (I had my medical
examination, vaccines, my documents everything, I just needed his tax
documents) He could only come up with 2 years and not 3.

We took them to the person that was preparing our package (the same
moron that told my husband that it was OK to marry me here)

She examined the documents on Feb 10th. She said: Your husband
doesn't meet the poverty standards. It is useless to send it. And
yes, my husband doesn't meet the standards, because he hasn't been
earning money because everything he makes in the new company, stays in
the company, and it does not appear as his earning. We have been
living off his savings (this is about to change, as in the next couple
of months his company will be making enough revenue that we will be
able to live very well and without a worry). I told her to send the
documents anyway, and that later we will be able to prove that we do
meet the standards.

Feb 11th. The brod sent my documents. I called her to see how
everything went, and she said: I didn't send the advance Parole
petition, because you are going to get denied anyway. I sent everything
else.

Feb 14th. That was the day my I-94 expired.

So, that BLOWS away my Wedding in Mexico!
I will never make get the advance parole in order to go there. We
have invitations, hall, church, everything. :-(

About the poverty levels, my husband will be able to meet them and my
father in law said he would co-sponsor me. He perfectly meets and
surpases the standards.

So far, I haven't heard anything from USCIS yet.

Can someone give me some input on my situation?

Thank you very much for reading this long post.

Noorah101

It's good that you have a co-sponsor. This will help.

If your AOS package is incomplete, USCIS will send you an RFE and give you a chance to submit missing information (such as the I-864), so have it ready.

You might want to consult an immigration attorney, as I don't see why an AP would be denied. Your AOS was filed before your visitor visa expired.

Hopefully, you applied for EAD (work authorization) as well, along with AOS.

Other than that, you just need to wait for the NOA from USCIS. In the meantime, consult with an attorney to see if you qualify to use AP.

Best Wishes,
Rene

andrea874

I'm sorry, I didnt even read this whole thing yet (I will). I just had one of those "this line is really funny, I wonder if anyone else thinks so" moments. Good luck with everything!

andrea874

...and after reading the whole thing, I agree with Rene

jeninifer

Are you 100% certain that she mailed it?

[email protected]

THank you very much for your reply.

I feel better now.

I just have a couple of questions:
In the mean time, what should I do if a police officer or someone
stops me in the street and wants me to demonstrate I;m legally here?

Once USCIS sends me the RFE, more or less how much time do I have to
answer back?

Thank you very much

Arianna

scrubbedexpat099

I can not see you would have any issue with AP either, you need to be out of status for 180 days to incur a ban.

Police can not query your Immigration status, a federal matter.

Until you have your AOS receipt, you have no status.

It will say on the notice how long you have, just send it straight back.

Your Husband can use capital as well as income to meet the povery line, $5 of Capital = $1 of income.