VisaJourney.com > About my Spousal Visa .. We are lost, need help.

Mia.19.CA

Jun 13 2007, 10:45 PM

Hello everyone, thanks for taking the time to read our story and our questions.

Looks to me that we dont have a way out to solve our problem.. I came to this country as a tourist, my husband is an american citizen, we got married last year in Vegas .. there shouldn't be much complication, but, there is...we are both 19, and he doesn't know anybody in the US since he has lived all his life in Peru and just recently moved back to Los Angeles after 14 years to attend college, meaning he does not work and does not know anybody here to be able to help us with this process...

We need to have an Affidavit of Support, since he does not work nor has any other type of income (besides financial aid from college) he is not able to be my sponsor or we need a co-sponsor...According to what I've read online, anyone who is either an american citizen or a permanent resident who works and earns above 125% the poverty guidelines can be my sponsor... But!!!!! We just dont know anybody here... He does know some people from his own school, but most of them are international students anyways.. and the other students are full time students, so they don't work neither..

Is there a way out for us? Is there any idea ? Something helpful you might be able to share with us?
Im just worried since my tourist visa expired already 2 months ago, I dont want to sound dramatic...but, will I ever have my green card? We both would like to celebrate our first year anniversary in London, but we've been married for 7 months already...and still we dont know what to do about finding a co-sponsor. And also, Im worried because I miss my grandparents who are in Peru, they are getting older..I do really wish to see them before they get older and older ...you get my point. [/color]

Well, thank you again... Every comment is highly appreciated and respected.. Thank you again...
Mia & Felipe

chaingang

Jun 14 2007, 04:50 AM

QUOTE(Mia.19.CA @ Jun 13 2007, 10:45 PM)

Hello everyone, thanks for taking the time to read our story and our questions.

<span style="color:#FF0000

color#4169E1">Looks to me that we dont have a way out to solve our problem.. I came to this country as a tourist, my husband is an american citizen, we got married last year in Vegas .. there shouldn't be much complication, but, there is...we are both 19, and he doesn't know anybody in the US since he has lived all his life in Peru and just recently moved back to Los Angeles after 14 years to attend college, meaning he does not work and does not know anybody here to be able to help us with this process...

We need to have an Affidavit of Support, since he does not work nor has any other type of income (besides financial aid from college) he is not able to be my sponsor or we need a co-sponsor...According to what I've read online, anyone who is either an american citizen or a permanent resident who works and earns above 125% the poverty guidelines can be my sponsor... But!!!!! We just dont know anybody here... He does know some people from his own school, but most of them are international students anyways.. and the other students are full time students, so they don't work neither..

Is there a way out for us? Is there any idea ? Something helpful you might be able to share with us?
Im just worried since my tourist visa expired already 2 months ago, I dont want to sound dramatic...but, will I ever have my green card? We both would like to celebrate our first year anniversary in London, but we've been married for 7 months already...and still we dont know what to do about finding a co-sponsor. And also, Im worried because I miss my grandparents who are in Peru, they are getting older..I do really wish to see them before they get older and older ...you get my point.[/color] [/color]

Well, thank you again... Every comment is highly appreciated and respected.. Thank you again...
Mia & Felipe

with 2 months of illegal stay you are for sure getting ban for 10 to 15 years

u might be wondering how i know coz when i went to embassy i saw a guy getting banned infront of me by illegal stay of 2 to 3months , i am not scaring you but its fact ,
chaingang

Kez/JWolf

Jun 14 2007, 05:47 AM

Overstay is forgiven if you are married to a USC.... so dont worry about that point... you need to concentrate on finding a way to file for your AOS.... if you truly cant find a co-sponsor then your husband is going to have to find a job or jobs that will give him 125% above poverty line income.... or you can both go and live in another country where you do not need a sponsor or do AOS

Good Luck

Kez

rika60607

Jun 14 2007, 05:49 AM

Don't panick!

True, the clock is ticking, but I think you have to accrue over 6 months of illegal stay before you earn the 10 year ban. You have to read more to find what exactly the rules are. I also read somewhere that if you marry to a US citizen, your illegal stay can/will be forgiven. I don't know for sure, I am only suggesting the topics for you to research.
You need to do Adjustment of Status. You will have to address two problems: 1. Income 2. Proving you did not intend to marry and stay in the US when you entered on a tourist visa.
I don't know what you can do about #2, but for income - if you belong to any religion and go to church, you may ask a priest of that church to vouch for you. Otherwise your man might have to quit school for a year and get a job instead. It is rough, but better than failing at AoS and being sent out of the country.
Yet otherwise, you can ask your relatives to lend you a large sum of money, put it in the bank and use it as the asset to prove that you will not become public liability.
Good luck,
Rika

QUOTE(chaingang @ Jun 14 2007, 10:50 AM)

QUOTE(Mia.19.CA @ Jun 13 2007, 10:45 PM)

Hello everyone, thanks for taking the time to read our story and our questions.

<span style="color:#FF0000

color#4169E1">Looks to me that we dont have a way out to solve our problem.. I came to this country as a tourist, my husband is an american citizen, we got married last year in Vegas .. there shouldn't be much complication, but, there is...we are both 19, and he doesn't know anybody in the US since he has lived all his life in Peru and just recently moved back to Los Angeles after 14 years to attend college, meaning he does not work and does not know anybody here to be able to help us with this process...

We need to have an Affidavit of Support, since he does not work nor has any other type of income (besides financial aid from college) he is not able to be my sponsor or we need a co-sponsor...According to what I've read online, anyone who is either an american citizen or a permanent resident who works and earns above 125% the poverty guidelines can be my sponsor... But!!!!! We just dont know anybody here... He does know some people from his own school, but most of them are international students anyways.. and the other students are full time students, so they don't work neither..

Is there a way out for us? Is there any idea ? Something helpful you might be able to share with us?
Im just worried since my tourist visa expired already 2 months ago, I dont want to sound dramatic...but, will I ever have my green card? We both would like to celebrate our first year anniversary in London, but we've been married for 7 months already...and still we dont know what to do about finding a co-sponsor. And also, Im worried because I miss my grandparents who are in Peru, they are getting older..I do really wish to see them before they get older and older ...you get my point.[/color] [/color]

Well, thank you again... Every comment is highly appreciated and respected.. Thank you again...
Mia & Felipe

with 2 months of illegal stay you are for sure getting ban for 10 to 15 years

u might be wondering how i know coz when i went to embassy i saw a guy getting banned infront of me by illegal stay of 2 to 3months , i am not scaring you but its fact ,
chaingang

Tarik

Jun 14 2007, 06:32 AM

QUOTE(chaingang @ Jun 14 2007, 09:50 AM)

QUOTE(Mia.19.CA @ Jun 13 2007, 10:45 PM)

Hello everyone, thanks for taking the time to read our story and our questions.

<span style="color:#FF0000

color#4169E1">Looks to me that we dont have a way out to solve our problem.. I came to this country as a tourist, my husband is an american citizen, we got married last year in Vegas .. there shouldn't be much complication, but, there is...we are both 19, and he doesn't know anybody in the US since he has lived all his life in Peru and just recently moved back to Los Angeles after 14 years to attend college, meaning he does not work and does not know anybody here to be able to help us with this process...

We need to have an Affidavit of Support, since he does not work nor has any other type of income (besides financial aid from college) he is not able to be my sponsor or we need a co-sponsor...According to what I've read online, anyone who is either an american citizen or a permanent resident who works and earns above 125% the poverty guidelines can be my sponsor... But!!!!! We just dont know anybody here... He does know some people from his own school, but most of them are international students anyways.. and the other students are full time students, so they don't work neither..

Is there a way out for us? Is there any idea ? Something helpful you might be able to share with us?
Im just worried since my tourist visa expired already 2 months ago, I dont want to sound dramatic...but, will I ever have my green card? We both would like to celebrate our first year anniversary in London, but we've been married for 7 months already...and still we dont know what to do about finding a co-sponsor. And also, Im worried because I miss my grandparents who are in Peru, they are getting older..I do really wish to see them before they get older and older ...you get my point.[/color] [/color]

Well, thank you again... Every comment is highly appreciated and respected.. Thank you again...
Mia & Felipe

with 2 months of illegal stay you are for sure getting ban for 10 to 15 years

u might be wondering how i know coz when i went to embassy i saw a guy getting banned infront of me by illegal stay of 2 to 3months , i am not scaring you but its fact ,
chaingang

If you want to give your opinion,try to be nicer and not lough like you making fun of ppl or just keep your opinion for yourself

MargotDarko

Jun 14 2007, 07:43 AM

You're definitely in a difficult situation. If you truly want to live in the US with your husband, you should not leave until you have obtained a green card. Your overstay will be forgiven as long as you're approved for adjustment of status - to get approved for adjustment of status, you'll need to show that you did not intend to marry and stay when you entered, that you have enough money, and that your marriage is bonafide.

Currently, your main obstacle is the income. Assests can be used in the place of income, but you would need 3 times the requirement (or three times the difference between the sponsor's income and the requirement). For example, with no income, you and your husband would need around $51,300 USD in assests. With an income of $10,000 a year, you would need assests of around $21,300 USD. Does that make sense? A co-sponsor would have to meet the same requirements for their household, which will be more money if their household is more than 2. There is really no way around it and no exceptions.

About your intention when you entered on the visitor's visa - did you already know your husband? Did you plan to marry him and stay? If so, in my opinion, you should leave the US asap (definitely before you reach 180 days overstay) and obtain a visa before returning (either K3 or CR1). Perhaps someone else can say whether the two month overstay would cause a problem if you left now and followed that route. However, it is a MUCH bigger problem if you did intend to marry and stay when you entered on the visitor's visa. That is visa fraud and will land you in a lot of trouble. Some people have said that it's not always asked at the interview, but I personally would not take the risk.

It's Melvin

Jun 14 2007, 09:07 AM

QUOTE(Mia.19.CA @ Jun 13 2007, 11:45 PM)

Hello everyone, thanks for taking the time to read our story and our questions

The options are probably not the most palatable, and they may eventually have you wondering why you did not think this through beforehand (but who does, particularly when one is 19 and in love?).

1. Your boyfriend has to get a job that pays 125% of the poverty guidelines level. That would be a job earning approximately $17,000 a year, or something like $10.50 an hour full time. He would probably only be able to go to school part time while working.

2. Move back to Peru and visit each other, and then when he is out of school and has a job paying enough to meet the 125% requirement, file the I-130 petition.

3. Find someone in the U.S. who will sponsor you.

I can't think of any others.