Cannot Afford AOS

[love9708 0]

Hi. My husband is broke at the moment and cannot afford the 1010 for the aos filing fee. His lawyer mis-represented the timeline information which leads us to this situation.

Anyway what are our options, and i mean all options. I think we can apply for an extension but i want to know the other options. BTW the 90 days ends in 2 days. Also if I happen to stay over the 90 days what exactly will happen?

[moroccogirlny 100]

As long as you married within the 90 days you are safe. There is no set time frame to file for AOS however it is recommended that you file as soon as possible. The sooner you file the sooner you can get authorized to work and travel if needed. Also if you follow the guides here on VJ you can file the AOS on your own, it will save you some money.

[Maxximus1074 14]

oh boy...

I assume you came here under the visa waiver program as you mention the 90 days are up soon? If so, you may have a big problem once the time is up.

If you read other posts here in the forum you may have already seen that starting earlier this year USCIS is denying AOS for tourist to immigrant AOS.

At that point I also read that people got the recommendation to go the K1 visa route which means that you unfortunately would have to leave the country

but that way will have a chance to get your legal status even faster then waiting within the US, possibly getting denied.

Let us know more details about your status here, history so we can give more help and thoughts.

Nonetheless, I wish you good luck on your immigration journey!!

M.

[moroccogirlny 100]

Just realized that you have no time line so not too sure what visa you came here on but if you came by a K1 then you're safe if you got married within the 90 days.

[TBoneTX 43,250]

The OP has no timeline, and doesn't specify the type of visa.

If the beneficiary entered by virtue of a K-1 visa, and married the petitioner within the 90 days, there's no specific deadline for filing for AOS. However, until AOS is applied for, the beneficiary is out of status (with an expired I-94) and should NOT venture anywhere within a 100-mile radius of either national border. Furthermore, the beneficiary should realize that CBP/ICE agents (and any state or local police agency that's affiliated with the 287g or "Secure Communities" program) will have zero sense of humor if the beneficiary crosses trails with them.

Beg or borrow the AOS/EAD/AP filing fee as a high priority, and file for it yourselves with use of the information in the Guides here.

[Eric-Pris 1,602]

Once the 90 days are up, you are basically "out of status". If you stay under the radar you will be fine. But if you would happen to come in contact with a law enforcement officer for whatever reason and they asked you to produce your ID, you could be in a sticky situation pretty quickly.

Do you have a credit card? You can take out a cash advance or get money deposited to your bank account (as a balance transfer with a low interest rate). You can try to borrow the money. Banks offer personal loans that have relatively low interest rates (7-8%).

[VanessaTony 3,567]

Hi. My husband is broke at the moment and cannot afford the 1010 for the aos filing fee. His lawyer mis-represented the timeline information which leads us to this situation.

Anyway what are our options, and i mean all options. I think we can apply for an extension but i want to know the other options. BTW the 90 days ends in 2 days. Also if I happen to stay over the 90 days what exactly will happen?

what visa did you enter on? The Philippine isn't a VWP country so it can't be that, unless your flag is incorrect.

**Edit - According to your previous topics you arrived on a K1. You had 90 days to get married. There is no deadline to file AOS but you are out-of-status and CAN be detained by immigration officials if caught.

He should borrow the money from a friend/family member.. filing your AOS is VERY important. If he is broke is he able to support you via the I-864 or will he need a co-sponsor? At least once you have the GC you are able to work and start earning money for the family.

Edited November 29, 2010 by Vanessa&Tony

[love9708 0]

I entered here with a k1 visa btw

[love9708 0]

what happens if we apply couple weeka or month after?

[Anh map 2,098]

You won't be in trouble if you wait.

If money is tight the biggest negative thing is you not having the EAD so you can't be out there looking for work as well.

[George & Gina 29]

Hi. My husband is broke at the moment and cannot afford the 1010 for the aos filing fee. His lawyer mis-represented the timeline information which leads us to this situation.

Anyway what are our options, and i mean all options. I think we can apply for an extension but i want to know the other options. BTW the 90 days ends in 2 days. Also if I happen to stay over the 90 days what exactly will happen?

I'd wait while we saved up the money and they file on my own without the lawyer. Every answer to ever question on the forms that the lawyer has done for you so far, he's gotten from you or your husband.

Mostly for my own curiosity, how much did the lawyer charge your husband above and beyond the I-129F and other fees charged by the government? I'm almost willing to guess that his "fee" would have more then covered

[love9708 0]

ok so there is no problem in waiting, i saw while searhing that we can even wait up to two years.

I also saw that we might be able to get a fee waiver because we are below the 150% poverty line (well below it) what im wondering is if we apply for this are they going to deny because of the affadavit of suppor, like showing I wont become a public chArge. Would you wait or try for the waiver?

[love9708 0]

I'd wait while we saved up the money and they file on my own without the lawyer. Every answer to ever question on the forms that the lawyer has done for you so far, he's gotten from you or your husband.

Mostly for my own curiosity, how much did the lawyer charge your husband above and beyond the I-129F and other fees charged by the government? I'm almost willing to guess that his "fee" would have more then covered

he paid almost half amount for the aos

[JimVaPhuong 4,863]

ok so there is no problem in waiting, i saw while searhing that we can even wait up to two years.

I also saw that we might be able to get a fee waiver because we are below the 150% poverty line (well below it) what im wondering is if we apply for this are they going to deny because of the affadavit of suppor, like showing I wont become a public chArge. Would you wait or try for the waiver?

Absolutely not. They will not approve a fee waiver for the I-485 unless you're adjusting status on a basis that does not require you to meet the "public charge" requirements. Someone adjusting from a K1 would not be eligible for a fee waiver. Read the instructions for the new I-912 fee waiver request for confirmation:

http://www.uscis.gov/files/form/i-912instr.pdf

They will deny if you don't provide a sufficient affidavit of support. If your spouse cannot do this, then you'll need a co-sponsor who can.

[Used to be broken 143]

ok so there is no problem in waiting, i saw while searhing that we can even wait up to two years.

I also saw that we might be able to get a fee waiver because we are below the 150% poverty line (well below it) what im wondering is if we apply for this are they going to deny because of the affadavit of suppor, like showing I wont become a public chArge. Would you wait or try for the waiver?

I am confused, your spouse had to file I134 proving he was above 125% of the poverty guidelines ... when you went to your interview. Now you are well below 150% just a few months later?

Not withstanding you do not qualify for fee waiver of this type, filing for one might get you slapped with a misrep notice in such short time frame.

As others have said, borrow the money and file AOS forget about the fee waiver, and get sponsor if you cannot meet the support guidelines and a job ASAP so you can help out.

Good luck