My situation... all help appreciated.

[Jouchan 0]

Hello everyone,

I hope you can help because I don't know where else to go. My financee and I recently got married (I am a U.S. Citizen) but prior to our marriage, her traveling Visa expired. She says that she has to pay $3000 as a fine for her visa expiring, is that true?

Does she have to pay a fee or can I just file for AOS and EAD?

Also What can I do if I do not have enough income and cannot get a co-signer?

It seems that no one wants to co-sign for her, even my best friend.

Is there a form that I can show them? They don't understand...

My wife went to an adviser and he said that we have to show at least $30,000 income for the last three consecutive years on our tax returns, I thought it is 125% of the poverty based on the # of people in the household which is 2 for us. She is getting angry and frustrated with the whole situation. I am a student and in the year 2007 My tax statements say about $9000. I have even offered to pay my friend to help us but he won't. I also heard of an immigrant aid organization. Could they help?

Thank you for all of your help, it is appreciated!

[KarenCee 3]

Did you two get married on the spur of the moment while she was here visiting?

If you don't meet the 125% level, you will have need of a co-sponsor. No way of getting around that I'm afraid. I'm so sorry you are having difficulties in that area. The co-sponsor can be anyone and doesn't have to live nearby.

As to the travel visa, I'm no help on that one.

The only other option, if you cannot find a co-sponsor, is for her to go home, you find a better paying job, and then file K3 or CR1/IR1 visa. The requirements are what they are...there isn't getting around any of it. As to the immigrant aid organisation, I'm not sure they would help in this instance. You can check and see though.

Best wishes....I hope you two get things worked out.

[Jouchan 0]

Did you two get married on the spur of the moment while she was here visiting?

If you don't meet the 125% level, you will have need of a co-sponsor. No way of getting around that I'm afraid. I'm so sorry you are having difficulties in that area. The co-sponsor can be anyone and doesn't have to live nearby.

As to the travel visa, I'm no help on that one.

The only other option, if you cannot find a co-sponsor, is for her to go home, you find a better paying job, and then file K3 or CR1/IR1 visa. The requirements are what they are...there isn't getting around any of it. As to the immigrant aid organisation, I'm not sure they would help in this instance. You can check and see though.

Best wishes....I hope you two get things worked out.

Thank you! No we did not get married spur of the moment, we were together about 2 years prior. Is there a form that I can show my friends so that they can see what they have to sign and they can read it?

[diadromous mermaid 36]

Did you two get married on the spur of the moment while she was here visiting?

If you don't meet the 125% level, you will have need of a co-sponsor. No way of getting around that I'm afraid. I'm so sorry you are having difficulties in that area. The co-sponsor can be anyone and doesn't have to live nearby.

As to the travel visa, I'm no help on that one.

The only other option, if you cannot find a co-sponsor, is for her to go home, you find a better paying job, and then file K3 or CR1/IR1 visa. The requirements are what they are...there isn't getting around any of it. As to the immigrant aid organisation, I'm not sure they would help in this instance. You can check and see though.

Best wishes....I hope you two get things worked out.

Thank you! No we did not get married spur of the moment, we were together about 2 years prior. Is there a form that I can show my friends so that they can see what they have to sign and they can read it?

I haven't heard of a fine for an expired visa. Does she mean it would cost her that to renew it?

[KarenCee 3]

Did you two get married on the spur of the moment while she was here visiting?

If you don't meet the 125% level, you will have need of a co-sponsor. No way of getting around that I'm afraid. I'm so sorry you are having difficulties in that area. The co-sponsor can be anyone and doesn't have to live nearby.

As to the travel visa, I'm no help on that one.

The only other option, if you cannot find a co-sponsor, is for her to go home, you find a better paying job, and then file K3 or CR1/IR1 visa. The requirements are what they are...there isn't getting around any of it. As to the immigrant aid organisation, I'm not sure they would help in this instance. You can check and see though.

Best wishes....I hope you two get things worked out.

Thank you! No we did not get married spur of the moment, we were together about 2 years prior. Is there a form that I can show my friends so that they can see what they have to sign and they can read it?

The form for co-sponsor, look in the Guides section. There are all the forms, plus examples one would need for this whole process. You can download the forms, along with the instructions for filling them out and what is required from here and you can show prospective co-sponsors what is required of them.

[pushbrk 12,243]

Did you two get married on the spur of the moment while she was here visiting?

If you don't meet the 125% level, you will have need of a co-sponsor. No way of getting around that I'm afraid. I'm so sorry you are having difficulties in that area. The co-sponsor can be anyone and doesn't have to live nearby.

As to the travel visa, I'm no help on that one.

The only other option, if you cannot find a co-sponsor, is for her to go home, you find a better paying job, and then file K3 or CR1/IR1 visa. The requirements are what they are...there isn't getting around any of it. As to the immigrant aid organisation, I'm not sure they would help in this instance. You can check and see though.

Best wishes....I hope you two get things worked out.

Thank you! No we did not get married spur of the moment, we were together about 2 years prior. Is there a form that I can show my friends so that they can see what they have to sign and they can read it?

By "spur of the moment" the real question is, "Was the decision to marry arrived at before or after the foreigner's last entry to the US?" If so, there's a good chance no visa issues will arise and you can simply adjust her status to permanent resident based on marriage to a US Citizen.

[KarenCee 3]

Did you two get married on the spur of the moment while she was here visiting?

If you don't meet the 125% level, you will have need of a co-sponsor. No way of getting around that I'm afraid. I'm so sorry you are having difficulties in that area. The co-sponsor can be anyone and doesn't have to live nearby.

As to the travel visa, I'm no help on that one.

The only other option, if you cannot find a co-sponsor, is for her to go home, you find a better paying job, and then file K3 or CR1/IR1 visa. The requirements are what they are...there isn't getting around any of it. As to the immigrant aid organisation, I'm not sure they would help in this instance. You can check and see though.

Best wishes....I hope you two get things worked out.

Thank you! No we did not get married spur of the moment, we were together about 2 years prior. Is there a form that I can show my friends so that they can see what they have to sign and they can read it?

By "spur of the moment" the real question is, "Was the decision to marry arrived at before or after the foreigner's last entry to the US?" If so, there's a good chance no visa issues will arise and you can simply adjust her status to permanent resident based on marriage to a US Citizen.

The OP is saying he doesn't meet the 125% poverty level for support and cannot find a co-sponsor. Without that, how can she adjust status?

[DavidsPrincess 1]

The apprehension of a lot of cosigners is the fact that on the instructions for the I-864 it says the person sponsoring her is responsible for her support for 10 years or until she has worked 40 quarters. If she falls into poverty, and they refuse to help her, she can sue them. This stays true even if (hypothetically, of course) the two of you get divorced. I can understand people having a hard time with it if they don't personally know the immigrant very well.

You can find the I-864 affidavit of support form here

[pushbrk 12,243]

Did you two get married on the spur of the moment while she was here visiting?

If you don't meet the 125% level, you will have need of a co-sponsor. No way of getting around that I'm afraid. I'm so sorry you are having difficulties in that area. The co-sponsor can be anyone and doesn't have to live nearby.

As to the travel visa, I'm no help on that one.

The only other option, if you cannot find a co-sponsor, is for her to go home, you find a better paying job, and then file K3 or CR1/IR1 visa. The requirements are what they are...there isn't getting around any of it. As to the immigrant aid organisation, I'm not sure they would help in this instance. You can check and see though.

Best wishes....I hope you two get things worked out.

Thank you! No we did not get married spur of the moment, we were together about 2 years prior. Is there a form that I can show my friends so that they can see what they have to sign and they can read it?

By "spur of the moment" the real question is, "Was the decision to marry arrived at before or after the foreigner's last entry to the US?" If so, there's a good chance no visa issues will arise and you can simply adjust her status to permanent resident based on marriage to a US Citizen.

The OP is saying he doesn't meet the 125% poverty level for support and cannot find a co-sponsor. Without that, how can she adjust status?

Get a job.

It's up to the couple. They got married so now it's time to get on with living life, whatever that takes.

[salto 0]

The only fees you would need to pay are for the applications to adjust her status. I was in the same situation as you. My husband had over stayed his B2 tourist visa. We got a lawyer and she filed forms I-485, I-130, and I-765. We also needed a co-sponsor as I am a student and only have a part-time job. My husband had his friend from work sponsor him. That link is already posted above. Good luck!

[payxibka 10,044]

Hello everyone,

I hope you can help because I don't know where else to go. My financee and I recently got married (I am a U.S. Citizen) but prior to our marriage, her traveling Visa expired. She says that she has to pay $3000 as a fine for her visa expiring, 1) is that true?

2) Does she have to pay a fee or can I just file for AOS and EAD?

3) Also What can I do if I do not have enough income and cannot get a co-signer?

It seems that no one wants to co-sign for her, even my best friend.

4) Is there a form that I can show them? They don't understand...

My wife went to an adviser and he said that we have to show at least $30,000 income for the last three consecutive years on our tax returns, I thought it is 125% of the poverty based on the # of people in the household which is 2 for us. She is getting angry and frustrated with the whole situation. I am a student and in the year 2007 My tax statements say about $9000. I have even offered to pay my friend to help us but he won't. I also heard of an immigrant aid organization. 5) Could they help?

Thank you for all of your help, it is appreciated!

1) Never heard of such thing

2) Nothing is preventing you from filing

3) Find one or get a better job... Most important thing is current income capacity ... income history is secondary

4) I-864...

5) They can help with the document filings but they cannot help get you over any potential financial shortfall

Edited February 19, 2008 by fwaguy

[athena_ny 1]

The apprehension of a lot of cosigners is the fact that on the instructions for the I-864 it says the person sponsoring her is responsible for her support for 10 years or until she has worked 40 quarters. If she falls into poverty, and they refuse to help her, she can sue them. This stays true even if (hypothetically, of course) the two of you get divorced. I can understand people having a hard time with it if they don't personally know the immigrant very well.

You can find the I-864 affidavit of support form here

Incorrect.

The affidavit of support is to ensure the immigrant does not become a public charge. If she falls into poverty and receives means-tested benefits, the GOVERNMENT can go after the sponsor and joint sponsor for reimbursement. She can't sue them if they don't give her money. Well, she can, but it's unlikely to be very successful.

Stump v. Stump used the affidavit of support to show that the spouse had to keep the immigrant above poverty even in the event of a divorce, but most people will tell you they feel it was incorrectly applied by the judge and is by no means the rule.

To the OP - there is no fine if she overstayed her visa, just file the AOS paperwork. Overstay and any unauthorized work will be forgiven at AOS since she married a US citizen.