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sumanthkrisna

Out of status and stuck on what to do! Help guys please. (merged)

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Hello guys,

This is my situation. I came to the US on F1 status to do my Master's in computer science. I married an American Citizen on the 14th of November, 2014. I then failed out of school and lost my F1 status. That means, I am out of status right now.

Here are the options I considered and why they have not worked out for me:

1. Green Card: My wife is not in college either due to financial aid problems. She is not in school and has no degree. So, she cannot get a job or an income. For me to get a green card, I need my wife to be earning at least 125% of the poverty line of the year (which is near $20,000 a year). The alternate to my wife not earning is any of her family members working. Her dad is dead and her mom does not work at all. Any other family member she has are not ready to sponsor me and cannot even if they were, because they are not a part of my wife's tax returns or living in the same household (one of which HAS TO BE MET in order for the family members to sponsor me). We are not able to find any friends who make that money and are green card holders who are ready to sponsor us. So, we cannot do that either. So essentially, we do not have a sponsor or required income in order to apply for a green card.

2. Spouse Visa: Spouse visa requires everything a green card requires. So for the same reasons as mentioned in point 1, spouse visa is not possible either.

3. H1B Visa: No company is ready to sponsor me for a H1B straightaway without an OPT or CPT or some kind of work authorization. I cannot get any of this because all of this requires the help of the college which I am not a student of anymore.

4. I-765 Visa: This is an EAD or work authorization visa, which requires a LOT of conditions to be met, which I do not meet. Also, this has to be a side application along with a lot of options. The only one I am eligible to apply is the I-881 form but the requirements they have to apply for that and apply for I-765 visa still does not meet my present situation.

The companies I talk to want me to show SOME kind of work authorization so I can work here, which I do not have. If anyone could please let me know what to do about this situation of mine, I would be really glad guys. I am really low on cash and have to start some kind of employment for the survival of the small family I am responsible for. Someone, PLEASE provide me with some kind of assistance or leads on this situation. What can I apply for that I would get approved of? What can I do to get work authorization? Who can help me out in this? Can an organization get involved in this? Please help me out.

Thank you very much in advance.

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Your wife will have to obtain a job meeting the 125% poverty requirements for your household and/or you will have to obtain a sponsor. The sponsor can be any US citizen or LPR who meets the financial requirements for their family size plus you and whose income is legally obtained from a US source and they live in the US. They do not have to live with you nor even in the same state.

Thank you Belinda. Yes, I am aware of the joint sponsor and him/her not having to live with us at all. But we are not able to find anyone willing to do it and my wife absolutely has no prospects of earning $20,000 a year, given she does not have even a Bachelor's degree. I already have a Bachelor's and it is easy for me to get legal employment which pays over $50,000, but no authorization. I already have people ready to hire me if I provide proof of work authorization at $60,000+ a year. Me earning legally can be used as the sponsor is possible, I believe? I really am hoping to just do that but I do not know how to acquire work authorization :(

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First of all you need to file the I-130 and I-485 so you can get a GC. You are married to an USC so the over-stay will be forgiven. The only problem is that you cannot leave the US until you get the GC. Your wife will file the I-864 affidavit of support no matter whether she makes enough money or not. If she is below the 125% of the poverty level, she will need to file a co-sponsor that meets the 125% above the poverty level for their family size plus you. As stated above any LPR or USC can be a co-sponsor.

In regards to your point #4 the I-765 is not a visa it is EAD. You can file for the EAD when you file the I-485. You can also file the I-131 for advance parole (AP) so you can travel, but due to your over-stay leaving the US is more of a risk than for most people with AP, but that is something you will have to decide.

You are out-of-status and deportable, but you would have to encounter the CBP within the US for that to happen, so avoid the Southern border as the CBP has a presence within 100 miles and can stop you to check your immigration status.

Dave

Edited by Dave&Roza

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Can you not return back to school for option 3? Also anyone with legal and sufficient source of employment in US can be a sponsor so it doesn't have to be family.

I cannot, because we do not have money to pay for school. Also, it will take 2 years for me to return to the same school and if I am to go to any other school, I will have to leave the country, go back to my home country, apply for F1 visa, and do all of those procedures again like a new incoming student. I really believe I can get a nice paying job with my Bachelor's and I already have a few offers, but unable to join due to lack of work authorization.

About the joint sponsor, yes. I am aware but I have no friends ready to help me out with that.

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First of all you need to file the I-130 and I-485 so you can get a GC. You are married to an USC so the over-stay will be forgiven. The only problem is that you cannot leave the US until you get the GC. Your wife will file the I-864 affidavit of support no matter whether she makes enough money or not. If she is below the 125% of the poverty level, she will need to file a co-sponsor that meets the 125% above the poverty level for their family size plus you. As stated above any LPR or USC can be a co-sponsor.

In regards to your point #4 the I-765 is not a visa it is EAD. You can file for the EAD when you file the I-485. You can also file the I-131 for advance parole (AP) so you can travel, but due to your over-stay leaving the US is more of a risk than for most people with AP, but that is something you will have to decide.

You are out-of-status and deportable, but you would have to encounter the CBP within the US for that to happen, so avoid the Southern border as the CBP has a presence within 100 miles and can stop you to check your immigration status.

Dave

Thank you Dave. That was helpful. But the problem is, no friend of mine is ready to co-sponsor me. They either do not have the income or the mental readiness to do it for me. They are scared of the consequences, little there is. I tried explaining the situation and the consequences they would face (which is literally nothing) by co-sponsoring me, but they have their reasons why they do not want to help me out.

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Can you apply for AOS and EAD concurrently, then possibly get a job before your interview? Can your wife get a job? Seems like the best solution is for you and her to put off school for a while and earn an income, either separately, or together.

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The other option is to move somewhere that has jobs that would provide enough salary.

Pretty much everyone who works retail where I live earns enough to meet the 125% poverty level for 2 people.

I don't think you have many other options at the moment or your wife will need to work 2 jobs at your current locale.


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I used to be on an F-1 too and I received a SSN that stated that I was allowed to work if authorized by DHS (I worked at the college's bookstore for a bit). All in all your options are either file for I-130 and I-485 so you get get your permanent residency, or, sadly, return to your home country. Why can't your wife get a job? Like even if it does not pay so well it is still some income and the joint sponsor wouldn't have to come up with too much money on paper. My fiance and I just got done with our K-1 visa and he makes minimum wage (the joys of being a bachelor's student) and his parents just co-sponsored us. You guys should have a talk about it.

I wish you the best of luck! :)

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Your wife can send some explanations why she is not working. And any us citizen can be ur joint sponsor. A friend or someone you know. I have known of people that pay to somebody to be their joint sponsor. But a good friend with enough income tax can sponsor u.

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~Moved from Fam.-based AOS to WST-based AOS Forum~

~Inquiry about adjusting from student visa~


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> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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Forget about 3 and 4 - you're not eligible for H-1B because you're out of status. Can't get EAD without underlying petition.

Also, did you research fees for green card application ? (~$1500) ? If you can't find a co sponsor your choices are your wife finding a job, going home or living illegally.

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