Iam a british citizen married to a u.s citizen,Iam at risk of deportation?

[leisha 0]

lam a british citizen,myself and my daughter who is also a british citizen were both granted a visa and we entered the u.s on 26th January 2010 on a k1/k2 visa (fiance visa)..After entering the u.s me and my husband who is a u.s citizen,got married on 1st February 2010,which means we were married within the 90 day time period..lam now pregnant to my husband the baby is due on 19th april 2011,my daughter is also settled in school..things seemed to have been running smooth but one of my sponsors that helped me and daughter enter the u.s has decided to back down and is no longer going to sponsor..l have found other sponsors but none of them earn enough tax for 2009 and the uscis wont combine the tax totals..due to this my application for permanent residency is at risk of been denied which will result in me and my daughter and the unborn baby been at risk of been deported..l hope all this makes sense..l just need to know if there's a way round all this or will l just have to accept me and my daughter facing deportation?.if deportation happens how long will l be deported for? my husband also claims disability,anyway the decision has to whether or not me and my daughter will face deportation will be decided on 7th november 2010...can l apply to stay in the u.s on compassionate grounds since it could be potentially harmful to my baby's health?

[Used to be broken 147]

lam a british citizen,myself and my daughter who is also a british citizen were both granted a visa and we entered the u.s on 26th January 2010 on a k1/k2 visa (fiance visa)..After entering the u.s me and my husband who is a u.s citizen,got married on 1st February 2010,which means we were married within the 90 day time period..lam now pregnant to my husband the baby is due on 19th april 2011,my daughter is also settled in school..things seemed to have been running smooth but one of my sponsors that helped me and daughter enter the u.s has decided to back down and is no longer going to sponsor..l have found other sponsors but none of them earn enough tax for 2009 and the uscis wont combine the tax totals..due to this my application for permanent residency is at risk of been denied which will result in me and my daughter and the unborn baby been at risk of been deported..l hope all this makes sense..l just need to know if there's a way round all this or will l just have to accept me and my daughter facing deportation?.if deportation happens how long will l be deported for? my husband also claims disability,anyway the decision has to whether or not me and my daughter will face deportation will be decided on 7th november 2010...can l apply to stay in the u.s on compassionate grounds since it could be potentially harmful to my baby's health?

When you say the issue of your deportation will be decided Nov 7th, are you saying you have received a Notice to Appear?

Also, did you consider "assets" when filing the I864 ? You can use your income, your husbands and any money in the bank or assets that can be liquidated within a year such as 401k or something.

when you say one of your sponsors that helped you and your daughter enter the US, do you mean they did sponsor you on an I864 already?

[leisha 0]

When you say the issue of your deportation will be decided Nov 7th, are you saying you have received a Notice to Appear?

Also, did you consider "assets" when filing the I864 ? You can use your income, your husbands and any money in the bank or assets that can be liquidated within a year such as 401k or something.

when you say one of your sponsors that helped you and your daughter enter the US, do you mean they did sponsor you on an I864 already?

No lve not received notice to appear yet,but the decision has to whether or not my application for permanent residency and whether or not deportation is going to take place will be decided on 7th november..we tried using our assets..the sponsor that backed out did originally help on a 1864 to help me and my daughter enter the u.s,but he is refusing to help by sponsoring to keep us here in the u.s

[JimVaPhuong 4,863]

No lve not received notice to appear yet,but the decision has to whether or not my application for permanent residency and whether or not deportation is going to take place will be decided on 7th november..we tried using our assets..the sponsor that backed out did originally help on a 1864 to help me and my daughter enter the u.s,but he is refusing to help by sponsoring to keep us here in the u.s

You're going to have to be a LOT more specific here.

You've applied for adjustment of status, right? Have you had an interview yet, or is your first interview on November 7th? If it's your first interview then they are NOT going to deport you at the interview. It doesn't work like that. If you don't have a qualified sponsor then they'll give you a limited amount of time to come up with one. If you don't come up with one then they'll start removal proceedings. You won't be deported until you appear before an immigration judge and he orders you deported.

Did you get an employment authorization document (EAD) card? If so, did you know that YOU can get a job now? Did you also know that you can combine any income YOU make with your husband's income to help him qualify?

Are you sure your original co-sponsor signed an I-864, and not an I-134? The point is that the I-864 is a binding contract. He can't back out on it, but if his I-864 was submitted to the consulate then USCIS can certainly ask for a new one.

They absolutely will not cut you some slack for humanitarian reasons here. Family based immigrants must have a qualifying sponsor - dead stop. You say you've found other sponsors. Are any of them an adult child, parent, or sibling of your husband? If so, would they be willing to move into your home for a while? An adult child, parent, or sibling of the primary sponsor (your husband) who live in the same household can sign an I-864A and COMBINE their income with your husband to help him qualify. If that isn't an option, keep trying to find a qualified co-sponsor.

[payxibka 10,045]

this is no longer a K-1 visa process issue... moving thread

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this isn't a qn about the AOS process itself, but actually of what effect their current situation will have on her immigration **

Edited October 21, 2010 by Vanessa&Tony

[Used to be broken 147]

No lve not received notice to appear yet,but the decision has to whether or not my application for permanent residency and whether or not deportation is going to take place will be decided on 7th november..we tried using our assets..the sponsor that backed out did originally help on a 1864 to help me and my daughter enter the u.s,but he is refusing to help by sponsoring to keep us here in the u.s

Did you keep copies of the I864 that was submitted to NVC or the consulate? If so bring that to the interview and don't dwell on financial issues or bring it up unless the interviewer asks for it. Like the earlier poster said, they cannot withdraw this.

You have a household of three right? The guidelines say $22,887 is the income needed. So if you get a job making $11. an hour you should be set.

You mentioned you husband is on "disability" are you talking SSI or a payment from an insurance company? If the former check to see if this is calculated in the income and if the latter it should be.

you can add the "assets" to the income if there are any. Assets are not the sponsor income but money you and your spouse have in the bank or money that can be easily accessed if necessary like bank accounts and mutual funds etc.

[Boiler 45,670]

She came on a K1 so it would have been an I 134.

[Brother Hesekiel 2,236]

Leisha,

I briefly answered your question on Yahoo's immigration forum yesterday and referred you to VJ. I'm glad you followed my advice; here you'll get competent help.

[JimVaPhuong 4,863]

Did you keep copies of the I864 that was submitted to NVC or the consulate? If so bring that to the interview and don't dwell on financial issues or bring it up unless the interviewer asks for it. Like the earlier poster said, they cannot withdraw this.

You have a household of three right? The guidelines say $22,887 is the income needed. So if you get a job making $11. an hour you should be set.

You mentioned you husband is on "disability" are you talking SSI or a payment from an insurance company? If the former check to see if this is calculated in the income and if the latter it should be.

you can add the "assets" to the income if there are any. Assets are not the sponsor income but money you and your spouse have in the bank or money that can be easily accessed if necessary like bank accounts and mutual funds etc.

Just wanted to clarify a couple of minor points, one based on a statement I previously made...

A sponsor can withdraw an affidavit of support anytime before the AOS has been approved. When I said "he can't back out" I meant that simply refusing to sign another affidavit doesn't automatically nullify the first one he signed. He has to send a notice that he's withdrawing the affidavit. The whole question is moot if USCIS is requiring another one from him, though. The consulate may not have sent his first affidavit of support back to USCIS in the packet of documents the immigrant carried to the POE.

As far as disability, SSI is not qualifying income - it's federal welfare. SSDI, on the other hand, IS qualifying income. It is a form of insurance, funded by payroll taxes. Both SSI and SSDI are managed by the Social Security Administration. Most private long-term disability insurance policies pay for a limited term, typically 2 to 5 years maximum. While the income technically qualifies (it's not a means tested benefit from the government), an IO might not give it much weight if the remaining term is relatively short.

[baron555 934]

lam a british citizen,myself and my daughter who is also a british citizen were both granted a visa and we entered the u.s on 26th January 2010 on a k1/k2 visa (fiance visa)..After entering the u.s me and my husband who is a u.s citizen,got married on 1st February 2010,which means we were married within the 90 day time period..lam now pregnant to my husband the baby is due on 19th april 2011,my daughter is also settled in school..things seemed to have been running smooth but one of my sponsors that helped me and daughter enter the u.s has decided to back down and is no longer going to sponsor..l have found other sponsors but none of them earn enough tax for 2009 and the uscis wont combine the tax totals..due to this my application for permanent residency is at risk of been denied which will result in me and my daughter and the unborn baby been at risk of been deported..l hope all this makes sense..l just need to know if there's a way round all this or will l just have to accept me and my daughter facing deportation?.if deportation happens how long will l be deported for? my husband also claims disability,anyway the decision has to whether or not me and my daughter will face deportation will be decided on 7th november 2010...can l apply to stay in the u.s on compassionate grounds since it could be potentially harmful to my baby's health?

Sounds like you are gathering the documents to AOS and one of the cosponsors that was used for the K-1 now will not sponsor again for the AOS. This is OK. There is no rush to AOS, especially if you don't have the money. Obviously you also can not apply for the EAD or AP which means you can not legally work and you will not be able to re-enter into the US if you choose to leave.

You are not at risk of deportation, you are just out of status. Many couples have to wait 1 or 2 years before they AOS and if they can prove they have a legit marriage, they get approved. I wouldn't wait too long because then you will just have to explain yourself. What about your husband, doesn't he make enough to sponsor on his own? If not, what about other friends or relatives? Any USC can be a cosponsor.

[Boiler 45,670]

I would not be so certain about the deportation.

Information is missing so I will await the OP to come back and update.

[NickD 203]

Have to say, if I had to sign an I-864 for my first marriage, never would have married her, had my doubts, but risked help from the Holy Spirit that actually never came. Signing the I-864 would have clinched it with not going through that marriage.

Even without signing the I-864 with state laws, the act of saying, "I do" makes you liable for all of your spouse debts, so here we go again in fighting state versus federal laws. Can toss city, township, and county laws in that pot too, enough to drive an individual nuts.

When first exposed to the I-864 and was 99.9999999% sure I wanted to marry this woman, did cause me to pause for a second, like the thought of equality in the marriage, not only my wife to be, but had to sign that for my step daughter as well. That's when I learned about the I-864A where my spouse could share in the liability for her daughter, wife to be didn't hesitate to sign it, to me that was a good sign and with that, didn't hesitate to sign mine.

Was just a bit apprehensive, was running a business, and really no great secret that any business in the USA strives for zero profit as that translates to zero taxes. So I was reinvesting extra profits into my business to ease my tax load. Still was above the minimum so compiled an asset statement as well, but they never asked to see that. But was a bit of concern if our I-864s would be a problem, after my wife became a US citizen, that contract became history. But during the AOS stages the immigrant spouse cannot work until that EAD comes in and they were very slow back then. Just had to do with less reinvestments in my business.

Today we even have greater problems caused by a government that shifted 50% of our jobs overseas, and believe this, only the government has the power to do this with strong regulations on whom and where you can do business with. So while a family can be fat, dumb, and happy one day, can lose their job, home, and everything they own the next day. And its that same government forcing you to sign that I-864 contract. Somehow, that just doesn't seem right.

At least your baby will be a US citizen, that is one small consolation. I know for a fact even with illegals around here, while they do deport the father, won't deport the mom because their kids are US citizens and they can't deport them.

USA is a country of laws, with some pretty strange contradicting laws at that, I do not feel you have to be concerned about being deported, get them to give you a green card, so you can find a job and help support your family.

Here is another example of how our law works, had to sit in court for over two hours listening to landlords versus non-rent paying tenants. Landlords had mortgages, property taxes, and were liable for all utility expenses, but not one in 27 cases did the judge evict the tenants, just said, I cannot throw these people out in the cold. Just told them to do anything to pay part of that rent.