Wisa Waiver, Marriage, Overstay and AoS

[lchavacortiz 1]

I am looking at the Step-by-Step guide now, but I am still not sure which forms I/we really need. Since I am already in the US and we got married we need the I-485 or do we need the I-130 too?

You can file I130, I485, I765 and I131 sent it in together.

I765 EAD Employment and I131 AP (advanced Parole travel document). I131 and I765 is for free to file when your applying for I485.

I am looking at the Step-by-Step guide now, but I am still not sure which forms I/we really need. Since I am already in the US and we got married we need the I-485 or do we need the I-130 too?

You can file I130, I485, I765 and I131 sent it in together.

I765 EAD Employment and I131 AP (advanced Parole travel document). I131 and I765 is for free to file when your applying for I485.

[lchavacortiz 1]

Thank you so much! That will make us sleep easier until we get the process going.

Another question, we filled out I-130 and printed it out but, I do not know, the format was kinda messed up. There are chunks missing in the form.

We tried a few things, like printing it out without filling it out, cleaning the printer, printing out ohter forms and printing out completely diffrent things. That worked, so we know it is not the printer. Has something to do with the forms. I blame the government. Has anyone else had this problem? Or any idea?

I got my attorney to filled out my forms. I'm a overstay visa and I have my greencard interview next months. Applied in May and waited 5 months for my interview.

[Joe47 0]

Hey everyone!

Here a little update. We have not yet send out the paperwork. Right now we are saving up money to pay for the forms. The cost are honestly a bit ridicules. Since I can not work legally and my wife has to support us both, it takes a while to save up the approximately 2000 $. I am just wondering about my overstay, every day I am staying longer and I am getting worried.

[JFH 12,189]

Hey everyone!

Here a little update. We have not yet send out the paperwork. Right now we are saving up money to pay for the forms. The cost are honestly a bit ridicules. Since I can not work legally and my wife has to support us both, it takes a while to save up the approximately 2000 $. I am just wondering about my overstay, every day I am staying longer and I am getting worried.

You need to file asap. Borrow the money from her parents. Sell your computer or car if you have to. The sooner you file, the better. Although you are an immediate relative and overstays are forgiven in that case, you still need to file. And the quicker you get it done, the quicker you can get a job. It's almost 6 months since you first posted.

[Transborderwife 4,666]

Hey everyone!

Here a little update. We have not yet send out the paperwork. Right now we are saving up money to pay for the forms. The cost are honestly a bit ridicules. Since I can not work legally and my wife has to support us both, it takes a while to save up the approximately 2000 $. I am just wondering about my overstay, every day I am staying longer and I am getting worried.

The costs of ridiculous? $2k is nothing to ensure your safety.

[Joe47 0]

You need to file asap. Borrow the money from her parents. Sell your computer or car if you have to. The sooner you file, the better. Although you are an immediate relative and overstays are forgiven in that case, you still need to file. And the quicker you get it done, the quicker you can get a job. It's almost 6 months since you first posted.

Well the computer I am using already belongs to her parents, and we can not sell any car, my wife uses it to go to work every day. Borrowing might be an option, we have to talk to them.

The costs of ridiculous? $2k is nothing to ensure your safety.

If you do not have 2K it does not matter what it gets you. We simply do NOT have 2K. So yes I think it is ridiculous. If I could work, yeah it would be a few months to get the money together, but with only one of us working, it takes time.

[JFH 12,189]

I think it's bad planning but what can you do? You're pretty much stuck now. It's because we cannot afford for me to be unable to work for a long period that we did the IR-1 so that I can stay here in the UK and carry on working and will be able to work as soon as I arrive.

I'm sure if you explain the seriousness of this situation to someone - a friend or relative - then someone will lend 2 grand. Maybe someone can draw it from a credit card and you can make monthly repayments.

I know it's hard to be apart. My husband and I have never been together for more than 3 weeks and we've been married over a year now. But you should have thought this through a bit better if money is such an issue. What's a few months apart when you have the rest of your lives together? Aren't you living with her folks? Where's all the money going if you're not paying a market rent? Maybe she will have to cycle to work. It depends how badly you want this.

[belinda63 2,981]

If you think 2k is a lot think of how much it will cost if immigration picks you up.

[Transborderwife 4,666]

If you think 2k is a lot think of how much it will cost if immigration picks you up.

Indeed. I have to question why OP even overstayed in the first place if his partner could not be responsible to file an immediate aos.

Well the computer I am using already belongs to her parents, and we can not sell any car, my wife uses it to go to work every day. Borrowing might be an option, we have to talk to them.

If you do not have 2K it does not matter what it gets you. We simply do NOT have 2K. So yes I think it is ridiculous. If I could work, yeah it would be a few months to get the money together, but with only one of us working, it takes time.

A few month ok, but it's been nearly 6. How much did you lose not using the return ticket? Edited January 24, 2016 by Transborderwife

[Joe47 0]

If you think 2k is a lot think of how much it will cost if immigration picks you up.

It is not like we are rich and we are saying we are to fancy to pay this ridiculous fee. It is simply that we do NOT HAVE 2K right now.

Indeed. I have to question why OP even overstayed in the first place if his partner could not be responsible to file an immediate aos.

A few month ok, but it's been nearly 6. How much did you lose not using the return ticket?

Not as much as for another ticket back here. The flight here with at return was around 1.2k and a single flight was around 2.5 to 3k. So I should have taken the flight back then paid another 2.5 for a ticket back and 2k for the paperwork? The whole getting married on a waiver is a spontaneous thing. Do people usually plan out when they are spontaneous? Yes we did not think it through, but it is what is is now. We did simply not know that there would be fees out the a**. It hit us like a shock when we saw the total costs.

I think it's bad planning but what can you do? You're pretty much stuck now. It's because we cannot afford for me to be unable to work for a long period that we did the IR-1 so that I can stay here in the UK and carry on working and will be able to work as soon as I arrive.

I'm sure if you explain the seriousness of this situation to someone - a friend or relative - then someone will lend 2 grand. Maybe someone can draw it from a credit card and you can make monthly repayments.

I know it's hard to be apart. My husband and I have never been together for more than 3 weeks and we've been married over a year now. But you should have thought this through a bit better if money is such an issue. What's a few months apart when you have the rest of your lives together? Aren't you living with her folks? Where's all the money going if you're not paying a market rent? Maybe she will have to cycle to work. It depends how badly you want this.

Like I said we have to talk to people to get a loan somehow.

Cycling to work is not such a goof idea, because my wife has dislocated her knee twice, and needs a knee brace to walk and her work is 30-40 minutes over the freeway. So not doable.

Edited January 24, 2016 by Joe47

[Transborderwife 4,666]

It is not like we are rich and we are saying we are to fancy to pay this ridiculous fee. It is simply that we do NOT HAVE 2K right now.

Not as much as for another ticket back here. The flight here with at return was around 1.2k and a single flight was around 2.5 to 3k. So I should have taken the flight back then paid another 2.5 for a ticket back and 2k for the paperwork? The whole getting married on a waiver is a spontaneous thing. Do people usually plan out when they are spontaneous? Yes we did not think it through, but it is what is is now. We did simply not know that there would be fees out the a**. It hit us like a shock when we saw the total costs.

Like I said we have to talk to people to get a loan somehow.

Cycling to work is not such a goof idea, because my wife has dislocated her knee twice, and needs a knee brace to walk and her work is 30-40 minutes over the freeway. So not doable.

Bus? Sell for a less expensive car? Looks like a loan is your best route.

Had you flown back it would have given you more time to work, find a cheap flight etc. The paperwork would have been cheaper with a cr1.

[JFH 12,189]

Ok, maybe she can get a second job.

But I have to ask why, when you decided to marry, stay and adjust and saw the fees, you did not abandon that plan, return home and start the CR-1. Waiting is not going to make the fees go away. If anything, they will increase.

Tell her parents you cannot afford to pay any rent for a few months because you need to get this done. Do either of you have a credit card? Sell stuff on eBay? Did you leave a car or anything substantial behind that you could have someone sell for you and send you the money? Do you have family who can lend you the money?

Yes $2000 is a lot when you don't have it. If someone asked me right now to hand over that amount I wouldn't be able to. But if it was pay or be here illegally, I'd sell the chair I am sitting on if I had to.

[Joe47 0]

Ok, maybe she can get a second job.

But I have to ask why, when you decided to marry, stay and adjust and saw the fees, you did not abandon that plan, return home and start the CR-1. Waiting is not going to make the fees go away. If anything, they will increase.

Tell her parents you cannot afford to pay any rent for a few months because you need to get this done. Do either of you have a credit card? Sell stuff on eBay? Did you leave a car or anything substantial behind that you could have someone sell for you and send you the money? Do you have family who can lend you the money?

Yes $2000 is a lot when you don't have it. If someone asked me right now to hand over that amount I wouldn't be able to. But if it was pay or be here illegally, I'd sell the chair I am sitting on if I had to.

Well, we did not see the fees until it was too late. We expected maybe 500 $.

We got some help from friends and family. We are sending out the paperwork tomorrow.

Now a new problem has arisen. My wife has to file her taxes. As far as we know she has to file married, makes sense so far. But for her to do that I need a tax ID number. Which, as far as we know, I only can get when I have the Greencard. I will probably not get the card before she has to file. She tried to call the IRS just now but after 40 minutes waiting on hold they hung up on her. Other times she called they did NOT at all get what she was saying. Does anyone know if I really need the ID number, or if she can file married without the number.

[Merrytooth 5,748]

Well, we did not see the fees until it was too late. We expected maybe 500 $.

We got some help from friends and family. We are sending out the paperwork tomorrow.

Now a new problem has arisen. My wife has to file her taxes. As far as we know she has to file married, makes sense so far. But for her to do that I need a tax ID number. Which, as far as we know, I only can get when I have the Greencard. I will probably not get the card before she has to file. She tried to call the IRS just now but after 40 minutes waiting on hold they hung up on her. Other times she called they did NOT at all get what she was saying. Does anyone know if I really need the ID number, or if she can file married without the number.

You need apply for ITIN :

https://www.irs.gov/Individuals/General-ITIN-Information

[Joe47 0]

Thank you we will do that. I was just worried that Immigration will be like:" AHA! There he is!"

I have another question, regarding the payment. My wife wanted to pay with her credit card. In the guide it says the field offices accept most cards, my question is how does it work exactly? We are sending the whole thing to Chicago, right? So we can pay at our local office but....how do the Chicagonites know? Do we get some kind of confirmation?

Edited March 12, 2016 by Joe47