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Filed: Country: United Kingdom
Timeline
Posted (edited)

My husband and I have been married for nearly 10 months now and he received his EAD and document for advanced parole about 3 weeks ago, but we are afraid about the green card coming through because of the affidavit of support. Long story short...he came on visitor visa, no intention to marry, (we know all that "intent" stuff), when we became engaged I still lived at home and was going to school so I only had a part time job, we moved out, got married, have been living off of a generous savings account I had (just f.y.i.) and filed for an adjustment of status based on marriage. I knew I could not sponsor him because of my income but neither my dad nor my grandparents were willing to help because of the responsibilities they would be under (basically they either don't trust my husband or they think they will get divorced before he becomes a citizen). So, at the advice of an immigration lawyer, I filed the affidavit the best I could with the employment info I had, quit school (temporarily, i intend to go back next year) and found a full time job making above the required income. As soon as I was hired we called the lawyer to find out how to amend our case since I now has adequate employment. He told us to wait until they asked to more information and then to send in a new affidavit. So, move ahead a few more weeks, he gets his EAD and advanced parole in the mail and we think everything is great. Then a couple days later we receive the request for initial evidence, asking for a co sponsor. At the advice of another lawyer as well as the USCIS call center (as worthless as they are) we were told that all I had to do was submit thorough evidence of my new employment (pay stubs, letters, etc). We thought everything was fine and were just waiting until I had enough paychecks to send in as evidence. It was only when my husband called to have our address changed that he was told that my new job would not be enough because I wouldn't have tax returns to show that the income was consistent. We went to Memphis and spoke to someone at that InfoPass thing and they confirmed what we feared. If I send in my current employment info it will almost definitely get denied and my husband will go into "removal proceedings". We told my dad all of this and all he will say is "I'm sure it will all work out" so I'm pretty sure there is no chance in hell that he is going to change his mind and I really don't think my grandparents will either and there is no one else that we can really ask.

So now we are stuck, we have a month and a few days to send in SOMETHING, but I don't know what to do, I have done everything I can do and it's still not enough. I'm only 21 and that's why I don't have the employment history.

Has anyone else experienced anything like this, or know anything we can do? Or are young people just not supposed to get married? I am really scared that my husband is going to be deported and after we have come so far here. We have a life and a home together. Things have been hard, but I don't know what I would do if something were to happen.

Thank you to anyone who actually read all this, I know it is long and complicated. But I appreciate any advice you can give.

Elizabeth (and Stewart)

Edited by TennesseeRed
Filed: AOS (apr) Country: Philippines
Timeline
Posted
My husband and I have been married for nearly 10 months now and he received his EAD and document for advanced parole about 3 weeks ago, but we are afraid about the green card coming through because of the affidavit of support. Long story short...he came on visitor visa, no intention to marry, (we know all that "intent" stuff), when we became engaged I still lived at home and was going to school so I only had a part time job, we moved out, got married, have been living off of a generous savings account I had (just f.y.i.) and filed for an adjustment of status based on marriage. I knew I could not sponsor him because of my income but neither my dad nor my grandparents were willing to help because of the responsibilities they would be under (basically they either don't trust my husband or they think they will get divorced before he becomes a citizen). So, at the advice of an immigration lawyer, I filed the affidavit the best I could with the employment info I had, quit school (temporarily, i intend to go back next year) and found a full time job making above the required income. As soon as I was hired we called the lawyer to find out how to amend our case since I now has adequate employment. He told us to wait until they asked to more information and then to send in a new affidavit. So, move ahead a few more weeks, he gets his EAD and advanced parole in the mail and we think everything is great. Then a couple days later we receive the request for initial evidence, asking for a co sponsor. At the advice of another lawyer as well as the USCIS call center (as worthless as they are) we were told that all I had to do was submit thorough evidence of my new employment (pay stubs, letters, etc). We thought everything was fine and were just waiting until I had enough paychecks to send in as evidence. It was only when my husband called to have our address changed that he was told that my new job would not be enough because I wouldn't have tax returns to show that the income was consistent. We went to Memphis and spoke to someone at that InfoPass thing and they confirmed what we feared. If I send in my current employment info it will almost definitely get denied and my husband will go into "removal proceedings". We told my dad all of this and all he will say is "I'm sure it will all work out" so I'm pretty sure there is no chance in hell that he is going to change his mind and I really don't think my grandparents will either and there is no one else that we can really ask.

So now we are stuck, we have a month and a few days to send in SOMETHING, but I don't know what to do, I have done everything I can do and it's still not enough. I'm only 21 and that's why I don't have the employment history.

Has anyone else experienced anything like this, or know anything we can do? Or are young people just not supposed to get married? I am really scared that my husband is going to be deported and after we have come so far here. We have a life and a home together. Things have been hard, but I don't know what I would do if something were to happen.

Thank you to anyone who actually read all this, I know it is long and complicated. But I appreciate any advice you can give.

Elizabeth (and Stewart)

Im sorry youre going thru this...Aside from youre immediate relative? DO you have another friend who have enough income above poverty line?

USflag.gifr.gifi.gifc.gifh.gifo.gifphilippine_flag.gif

AOS & EAD TIMELINE:

July 21, 2008---(ORIGINAL) NOA1 for AOS & EAD

July 29, 2008---"WALK-IN" BIOMETRICS DONE (AOS & EAD-1)

Oct 14, 2008---EAD1 CARD ARRIVES! Approval date is Oct. 2, 2008

Dec 10, 2008---INTERVIEW DAY! APPROVED!!!

Dec 17, 2008---WELCOME NOTICE RECEIVED

Jan 9, 2009---CARD RECEIVED FINALLY! Approval date 12-10-08..expires on 12-10-10

REMOVAL OF CONDITIONS

Sept 10,2010---REMOVAL OF CONDITIONS

CITIZENSHIP

Sept 10,2011---Application for citizenship

.png

Filed: Citizen (apr) Country: Ethiopia
Timeline
Posted

You said you had a generous savings account. Did you list that as an asset on the I864? If is it large enough (3 times the difference in the shortfall for the poverty guidelines) then you should list it. Also, I know your family situation is difficult, but if you needed money to prove assets would anyone let you borrow enough money for a few months just to have on deposit.

Filed: Country: United Kingdom
Timeline
Posted

I HAD a generous savings account. That was 10 months ago and now it is down to nothing. I got my job in the 11th hour and things are tight, to say the least. In any case, that 3x the difference would have to make up the difference of my income LAST year which wasn't much and I doubt anyone would be willing to loan us that kind of money. It is an option, but not very likely.

Posted

Like Pops said " I'm sure it will work out".

In the old days people did plan a bit before they married. Not just jump in and not check how deep the water was.

It definitely will work out!!

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: AOS (apr) Country: Zambia
Timeline
Posted
Like Pops said " I'm sure it will work out".

In the old days people did plan a bit before they married. Not just jump in and not check how deep the water was.

It definitely will work out!!

Sometimes a church will arrange sponsorship...or in your case, maybe an uncle or some other relative as well?

Posted

Your husband has his EAD right?

You can put his earnings in the I-864 since it's legal income.

Removing Conditions

07/31/2010 - Filed for Removal of Conditions (I-751)

08/02/2010 - ROC Packet received

08/03/2010 - NOA notice date for I-751

08/05/2010 - Check cashed

08/07/2010 - NOA received for I-751

08/13/2010 - Biometrics appointment letter received

09/01/2010 - Biometrics taken

09/01/2010 - Case status appears online

11/08/2010 - Card production ordered

11/13/2010 - I-751 Approval Letter received

11/19/2010 - Green Card received in the mail

Citizenship

08/01/2011 - Filed for Citizenship (N-400)

08/03/2011 - N400 Packet received

08/05/2011 - Received email/text confirming application receipt

08/08/2011 - Check cashed

08/09/2011 - Biometrics notice sent

08/12/2011 - NOA received for N400

08/12/2011 - Biometrics appointment letter received

08/29/2011 - Biometrics taken

08/31/2011 - Case Status Notification: Placed in line for interview scheduling

10/11/2011 - Received yellow letter

01/11/2012 - Interview letter sent

01/17/2012 - Interview letter received

02/16/2012 - Interview & received Oath letter

03/06/2012 - Oath ceremony

Filed: Country: United Kingdom
Timeline
Posted

but he just got his EAD 3 weeks ago, does not yet have a job, and his earnings would only count when we file taxes NEXT YEAR, nothing counts without tax returns, and even then, mine wont matter next year because i won't have worked for the full year, even though my annual salary is higher than needed...my husband's income would have to make up the difference, but the only way that would work is for us to somehow stall so that we can file our takes in '09.

Filed: Other Country: China
Timeline
Posted
but he just got his EAD 3 weeks ago, does not yet have a job, and his earnings would only count when we file taxes NEXT YEAR, nothing counts without tax returns, and even then, mine wont matter next year because i won't have worked for the full year, even though my annual salary is higher than needed...my husband's income would have to make up the difference, but the only way that would work is for us to somehow stall so that we can file our takes in '09.

You've been given some good suggestions. Now it's time for you to get busy and start "working this out" because "it" won't work itself out. You'll have to find the solution or the consequences will find you.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Country: United Kingdom
Timeline
Posted

its not like we haven't been working this out, we are responsible adults who are basically being held back by the fact we fell in love but are young, we understand the nature of this and to be blunt i don't think that comments like that are in the spirit of this board, isnt it a place for support and help, i would hope that if any one could shed any actual light on this that they would at least read our original post, and understand that we are not in the dark about the straight forward answers, we know what needs to be done, but it doesn't mean its achievable in the conventional ways.

Filed: Timeline
Posted
My husband and I have been married for nearly 10 months now and he received his EAD and document for advanced parole about 3 weeks ago, but we are afraid about the green card coming through because of the affidavit of support. Long story short...he came on visitor visa, no intention to marry, (we know all that "intent" stuff), when we became engaged I still lived at home and was going to school so I only had a part time job, we moved out, got married, have been living off of a generous savings account I had (just f.y.i.) and filed for an adjustment of status based on marriage. I knew I could not sponsor him because of my income but neither my dad nor my grandparents were willing to help because of the responsibilities they would be under (basically they either don't trust my husband or they think they will get divorced before he becomes a citizen). So, at the advice of an immigration lawyer, I filed the affidavit the best I could with the employment info I had, quit school (temporarily, i intend to go back next year) and found a full time job making above the required income. As soon as I was hired we called the lawyer to find out how to amend our case since I now has adequate employment. He told us to wait until they asked to more information and then to send in a new affidavit. So, move ahead a few more weeks, he gets his EAD and advanced parole in the mail and we think everything is great. Then a couple days later we receive the request for initial evidence, asking for a co sponsor. At the advice of another lawyer as well as the USCIS call center (as worthless as they are) we were told that all I had to do was submit thorough evidence of my new employment (pay stubs, letters, etc). We thought everything was fine and were just waiting until I had enough paychecks to send in as evidence. It was only when my husband called to have our address changed that he was told that my new job would not be enough because I wouldn't have tax returns to show that the income was consistent. We went to Memphis and spoke to someone at that InfoPass thing and they confirmed what we feared. If I send in my current employment info it will almost definitely get denied and my husband will go into "removal proceedings". We told my dad all of this and all he will say is "I'm sure it will all work out" so I'm pretty sure there is no chance in hell that he is going to change his mind and I really don't think my grandparents will either and there is no one else that we can really ask.

So now we are stuck, we have a month and a few days to send in SOMETHING, but I don't know what to do, I have done everything I can do and it's still not enough. I'm only 21 and that's why I don't have the employment history.

Has anyone else experienced anything like this, or know anything we can do? Or are young people just not supposed to get married? I am really scared that my husband is going to be deported and after we have come so far here. We have a life and a home together. Things have been hard, but I don't know what I would do if something were to happen.

Thank you to anyone who actually read all this, I know it is long and complicated. But I appreciate any advice you can give.

Elizabeth (and Stewart)

Any chance of moving back in with your parents for the meantime? They could contribute their support by way of a Contract between Household Members that doesn't tie them directly with the Affidavit of Support, but would mean that their income could be combined with yours to meet the household requirement?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Other Country: China
Timeline
Posted
its not like we haven't been working this out, we are responsible adults who are basically being held back by the fact we fell in love but are young, we understand the nature of this and to be blunt i don't think that comments like that are in the spirit of this board, isnt it a place for support and help, i would hope that if any one could shed any actual light on this that they would at least read our original post, and understand that we are not in the dark about the straight forward answers, we know what needs to be done, but it doesn't mean its achievable in the conventional ways.

You don't understand. I'm actually trying to help you help yourself. First steps are facing the facts. I read your first post and every post in the thread including all your responses to suggestions and certainly your response above.

I think the first step in finding solutions is to face the true problem head-on. I would not say you are being held back by the fact you fell in love but are young. You are young and you fell in love, but you're in this situation because you didn't do your homework and devise a viable plan for success. Now at the last minute, when the chips are down, you find fault with every suggestion you are given. Young people fall in love early quite frequently. Many find themselves growing up very fast as a result. This can be a very good thing.

I applaud you for seeking ideas from others. I don't have new ones for you beyond what has already been suggested. The two of you made the choices that put you where you are today. Apparently there are no easy solutions. Welcome to the adult world. This is your first big test. I wish you well and encourage you to take the bull by the horns and deal with the reality of the situation using the options you already know about.

You might start by asking yourselves, and/or your parents about the reasons behind their reluctance to assist you with the sponsorship issue.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Did you explain to your parents that as long as the two of you make ends meet, they are not really on the hook? the affidavit of support is a serious matter but also a formality in most cases, when the couple can support themselves, even if just barely. I would definitely confront them and directly ask them why wouldn't they help? explain to them the consequences - removal proceedings etc.

Also, not sure if this is a viable solution, but maybe someone at work could help be a co-sponsor. I'm suggesting this because I come from a different culture where asking something like this of a co-worker would be acceptable, whereas I know you Americans are very independent and individualistic.

Make a list of all the people you know, even distant relatives, and seriously consider contacting them.

Hope things do work out for you in the end!

10-Apr-08...Filing date for I-130/AOS/EAD/AP

02-May-08...Biometrics

31-Jul-08...EAD Card received

15-Sep-08...Interview (APPROVED)

27-Sep-08...GC received

03-Aug-10...Filed I-751 (Removal of Conditions)

06-Aug-10...NOA 1-yr Extension Letter

10-Sep-10...Biometrics

02-Dec-10...ROC approved! (Card production ordered)

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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