f 1 out of status

[many questions 0]

I am a usc applying for my f1 husband who does have a ssn ,he has over stayed his visa, graduated college and have been working steadily for over 6 years or more in the united states, paying taxes all the time. Would i be able to count their quarters on the I864, or would their illegal status preclude that? i also work but dont meet the minimum for a family of four in florida ?myself, husband, 2 kids.. I could prob have my father who does not live with us sponsor as well...

Thanks for the help!

[diadromous mermaid 36]

Did he have social security taxes deducted from all of his paycheques during the 6 years?

I am a usc applying for my f1 husband who does have a ssn ,he has over stayed his visa, graduated college and have been working steadily for over 6 years or more in the united states, paying taxes all the time. Would i be able to count their quarters on the I864, or would their illegal status preclude that? i also work but dont meet the minimum for a family of four in florida ?myself, husband, 2 kids.. I could prob have my father who does not live with us sponsor as well...

Thanks for the help!

[Chica Yeyé 41]

triple post sister....

http://www.visajourney.com/forums/index.ph...=205702&hl=

http://www.visajourney.com/forums/index.ph...=205716&hl=

[many questions 0]

Did he have social security taxes deducted from all of his paycheques during the 6 years?

I am a usc applying for my f1 husband who does have a ssn ,he has over stayed his visa, graduated college and have been working steadily for over 6 years or more in the united states, paying taxes all the time. Would i be able to count their quarters on the I864, or would their illegal status preclude that? i also work but dont meet the minimum for a family of four in florida ?myself, husband, 2 kids.. I could prob have my father who does not live with us sponsor as well...

Thanks for the help!

yes

triple post sister....

http://www.visajourney.com/forums/index.ph...=205702&hl=

http://www.visajourney.com/forums/index.ph...=205716&hl=

i had k1 instead of f1 wasnt sure how to go in and change it

[Chica Yeyé 41]

an F-1 is a student visa and a K-1 is a fiancee visa. Your husband is not eligible for either. You would have to Adjust Status.

[diadromous mermaid 36]

Did he have social security taxes deducted from all of his paycheques during the 6 years?

I am a usc applying for my f1 husband who does have a ssn ,he has over stayed his visa, graduated college and have been working steadily for over 6 years or more in the united states, paying taxes all the time. Would i be able to count their quarters on the I864, or would their illegal status preclude that? i also work but dont meet the minimum for a family of four in florida ?myself, husband, 2 kids.. I could prob have my father who does not live with us sponsor as well...

Thanks for the help!

Actually, in this case it's a moot point. If the alien had already satified the 40-quarters requirement prior to filing an AOS submission, then the alien would submit an I-864W. However, without having satisfied the 40, an I-864 would be necessary. I'll add that in cases where the alien might have already acccumulated credits, it is important for the petitioner and alien to request a determination by the SSA as soon as they believe 40 have been reached, so as to shed the obligation as soon as is possible.

[many questions 0]

an F-1 is a student visa and a K-1 is a fiancee visa. Your husband is not eligible for either. You would have to Adjust Status.

im sorry, to be clear he came in on an f1 and is out of status... and not supposed to be working .. what i am trying to find out is if we can use his income on the i864 affidavit of support since i dont meet the minimum for the past three years- with his income we do... i have to put his employer on the i130 so i was trying to see if we can possibly use his income as well or would he be penaliyzed for working without authorization?? either way it seems i have to tell them he has been working and paying taxes for several years.. pls help if you can

[diadromous mermaid 36]

Simply put, has he been residing with you for 6 months as your husband?

an F-1 is a student visa and a K-1 is a fiancee visa. Your husband is not eligible for either. You would have to Adjust Status.

im sorry, to be clear he came in on an f1 and is out of status... and not supposed to be working .. what i am trying to find out is if we can use his income on the i864 affidavit of support since i dont meet the minimum for the past three years- with his income we do... i have to put his employer on the i130 so i was trying to see if we can possibly use his income as well or would he be penaliyzed for working without authorization?? either way it seems i have to tell them he has been working and paying taxes for several years.. pls help if you can

[many questions 0]

Simply put, has he been residing with you for 6 months as your husband?

an F-1 is a student visa and a K-1 is a fiancee visa. Your husband is not eligible for either. You would have to Adjust Status.

im sorry, to be clear he came in on an f1 and is out of status... and not supposed to be working .. what i am trying to find out is if we can use his income on the i864 affidavit of support since i dont meet the minimum for the past three years- with his income we do... i have to put his employer on the i130 so i was trying to see if we can possibly use his income as well or would he be penaliyzed for working without authorization?? either way it seems i have to tell them he has been working and paying taxes for several years.. pls help if you can

no 13 yrs together, 4 yrs married, working illegally for 6 plus years, paying taxes, came in on f1 visa, out of status .... thanks anyway

[diadromous mermaid 36]

Well he can use his income on the I-864 then.

You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

Simply put, has he been residing with you for 6 months as your husband?

an F-1 is a student visa and a K-1 is a fiancee visa. Your husband is not eligible for either. You would have to Adjust Status.

im sorry, to be clear he came in on an f1 and is out of status... and not supposed to be working .. what i am trying to find out is if we can use his income on the i864 affidavit of support since i dont meet the minimum for the past three years- with his income we do... i have to put his employer on the i130 so i was trying to see if we can possibly use his income as well or would he be penaliyzed for working without authorization?? either way it seems i have to tell them he has been working and paying taxes for several years.. pls help if you can

no 13 yrs together, 4 yrs married, working illegally for 6 plus years, paying taxes, came in on f1 visa, out of status .... thanks anyway

[Marina-Del 10]

I'm really confused, can someone summarize for me what's going on?

The way I understand it is that many years ago her husband came to the US on an F-1 visa. Graduated from Uni and was then supposed to return to his home country. But instead of returning he stayed in the US (at some point in time married her) and never adjusted status (I'm deducing thing because she said he has been working illegally for 6+ years).

1. If he's been in the US illegally for 6+ years doesn't that mean he's going to have a HUGE ban??

2. She said she's "applying for her husband", applying for what?? A CR-1 visa? A K-1 (and maybe he's not really her husband)?

How is this right?

[Kathryn41 3,205]

Moved from K-1 forum to AOS forum

[msu17 0]

I'm really confused, can someone summarize for me what's going on?

The way I understand it is that many years ago her husband came to the US on an F-1 visa. Graduated from Uni and was then supposed to return to his home country. But instead of returning he stayed in the US (at some point in time married her) and never adjusted status (I'm deducing thing because she said he has been working illegally for 6+ years).

1. If he's been in the US illegally for 6+ years doesn't that mean he's going to have a HUGE ban??

2. She said she's "applying for her husband", applying for what?? A CR-1 visa? A K-1 (and maybe he's not really her husband)?

How is this right?

Overstays like this are usually forgiven at AOS. However, if her left the US he would have a huge ban and they would have to file a waiver to get him a K3 or CR1. I would hope they are applying for AOS, since this is the only applicable thing for their situation.

[diadromous mermaid 36]

He's an overstay, but typically an overstay would be forgiven if the alien attempting to adjust status is married to a US citizen. That being said, an alien that has overstayed should not leave the country prior to approval of adjustment of status. As to your second question, the OP misstated. She means she wishes to apply for her husband to secure permanent residency, and I believe may have mistakenly referred to him as a K-1 husband. He was in F-1 status and is in the USA now. So, she would concurrently file an I-130 and I-485.

I'm really confused, can someone summarize for me what's going on?

The way I understand it is that many years ago her husband came to the US on an F-1 visa. Graduated from Uni and was then supposed to return to his home country. But instead of returning he stayed in the US (at some point in time married her) and never adjusted status (I'm deducing thing because she said he has been working illegally for 6+ years).

1. If he's been in the US illegally for 6+ years doesn't that mean he's going to have a HUGE ban??

2. She said she's "applying for her husband", applying for what?? A CR-1 visa? A K-1 (and maybe he's not really her husband)?

How is this right?