VWP Overstay! Starting to Panic!

[doctorbeat 6]

Ok Myopia, I just spent some time going over your above post and the links therein thoroughly, and I want to thank you again for taking the time to do this.

I would also like to add my own bit of encouragement for you.

It's not much, but I have a friend of a friend who married on VWP in NYC, and he got approved in three months too.

What surprised me the most was that they gave him an unconditional green card, even though they had been married much less than two years.

I'm not in the city, so I'll probably get a different office than he did, but this may be good news for you, as the less time your application takes, the less chance you have of that memo ruining things for you.

Anyway....

We have some good news!!!

My wife just spoke to her boss, and he berated her for not asking him months ago for the raise!

He said she hadn't had one since she started three years ago, and that he wants to help us in our predicament.

So, finally my wife's earnings are high enough that she can afford to sponsor me!

I still need to know the answer to my question above though, ie. how do we go about showing her new earnings on the I-864?

[Boiler 43,539]

A letter should do it.

Could she just do more hours?

[Myopia 93]

Myopia, I can't thank you enough for this.

I probably would have found all of that info sooner or later, but since we've only known about this since the day before yesterday, you have saved me a LOT of leg work

The one stumbling block for us right now is the same one we've always had (and the reason we didn't apply within the 90 day period in the first place)- the affidavit of support.

My wife hasn't seen her boss yet. He normally goes in to the store every morning, but of course this morning he decided not to.

We're still not sure what to do.

Say we are lucky, and he decides to give her a pay raise, will we be able to assemble the affidavit immediately?

If he gives her $2 extra an hour, we will be about $1,000 over 125% of the poverty line.

Since we hope to file asap, what proof will we have that she has received a pay raise?

Her current paychecks to date show that she does NOT make enough, but in our situation we really can't afford to wait around for weeks or months for her to accumulate new paychecks showing the raise.

Will they accept a letter from her employer stating that she has received a raise and showing the new amount, or will this just trigger an RFE?

I am lost in the sauce when it comes to the whole affidavit of support. My husband makes just over the 125% poverty threshhold for a family of our size but his earnings last year was just under. (

I have a co sponser but I decided to just send the affidavit with my husband with the 3 months of payslips that he needs, a letter from his employer stating what his salary is, and the w2 for 2010. If they do the math then my husband will be well over the threshold because he made about $5k in December. I will also be sending copies of what is in our bank accounts which is enough to take us over also. If I get a RFE then Ill send the co-sponsors information.

For you, I would suggest the same thing. Send the employers letter stating the raise with bank statements, pay slips etc but be prepared for a RFE which will mean you will need a co sponsor.Maybe the employer will be willing to be co sponsor? Stranger things have happened.

No problem for the links. I can't work so what do I have to do other than research?!

Thank you for your encouragement. My husband is so sick of me fretting! I came here in 1998 with kids, 13 years later..I have had births and deaths. I was going to leave at that point but then I felt like..I have come this far and gone through so much..what do I have to lose. No Visa Waiver Express for me (I Jest I Jest)I was blessed in that I had support from my family in the Uk who even though couldnt understand why I didnt just go home still supported me. (Thanks Mum for the western unions)

So now Im poised to go. I hope I get the 10 year as we married in 2009 but we didnt use a license so Im leaving it up to USCIS to decide which date to use (The religious which is legal in NY or the civil)

Anything I can do to help. Let me know. Sounds like your wife has a great boss!

Edited February 17, 2011 by Myopia

[doctorbeat 6]

A letter should do it.

Could she just do more hours?

She's doing all the hours her boss allows her to do (40 per week) but that doesn't matter now, because she has been given a raise.

She's now earning $12.50/hour

x 40 hours/week = $500/week

x 52 weeks = $26,000

She gets $100/week child support for my stepson from his dad.

He was ordered to pay $75/week, but he voluntarily pays $100/week. Unfortunately, he pays cash, so we only have supporting documentation (divorce papers with court order) for $75/week.

$75/week x 52 weeks = $3,900

+ $26,000 = $29,900

We have a household of 4: my wife, me, my stepson, my daughter

So we need 125% of the poverty level for a 4 person household, which is $27,938

We have therefore got a safe margin of ($29,900 - $27,938) $1,962

If I get a work permit during the application process, my wife's boss has offered me a job.

This will add at least around $10,000 if he gives me part time, more if he gives me full time, so we could always add an I-864A at the time of interview to show this.

[Myopia 93]

She's doing all the hours her boss allows her to do (40 per week) but that doesn't matter now, because she has been given a raise.

She's now earning $12.50/hour

x 40 hours/week = $500/week

x 52 weeks = $26,000

She gets $100/week child support for my stepson from his dad.

He was ordered to pay $75/week, but he voluntarily pays $100/week. Unfortunately, he pays cash, so we only have supporting documentation (divorce papers with court order) for $75/week.

$75/week x 52 weeks = $3,900

+ $26,000 = $29,900

We have a household of 4: my wife, me, my stepson, my daughter

So we need 125% of the poverty level for a 4 person household, which is $27,938

We have therefore got a safe margin of ($29,900 - $27,938) $1,962

If I get a work permit during the application process, my wife's boss has offered me a job.

This will add at least around $10,000 if he gives me part time, more if he gives me full time, so we could always add an I-864A at the time of interview to show this.

Yup sounds good. This process cries out for organization and you seem like you got that down pat!

[doctorbeat 6]

Wow, I was under the impression that they only want to determine future income, not prove that she earned enough money for months or years before!

Why would not earning enough in the past affect what she'll earn in the future?

She's been in the same job for three years and has just received a pay raise. Why wouldn't that show what her income is likely to be for the foreseeable future?

I'm crapping myself again now, the whole reason we didn't file sooner is that she didn't earn enough and we couldn't find a co sponsor.

[Myopia 93]

Wow, I was under the impression that they only want to determine future income, not prove that she earned enough money for months or years before!

Why would not earning enough in the past affect what she'll earn in the future?

She's been in the same job for three years and has just received a pay raise. Why wouldn't that show what her income is likely to be for the foreseeable future?

I'm crapping myself again now, the whole reason we didn't file sooner is that she didn't earn enough and we couldn't find a co sponsor.

I believe that it is current/future earnings. I'm just saying what I'm sending as on the I-864, it says that you can send 3 years past tax returns and wage slips. I just want to make sure I give them as much as I can if I can avoid a RFE.

Dont "#######" yourself (lol. You made me miss the Uk sooo much when I read that). Just send what you have to send. What other option do you have?

As for co sponsor, have you considered asking the boss? This whole sponsorship thing isnt my forte. Jim or Harpah definetly have that locked down. I'm sure they will jump in because I am sure to make a mistake if they dont!

[doctorbeat 6]

No, my boss won't be a co sponsor, already tried that.

He's got quite a few kids and several permanent resident relatives already, and he's already up to the hilt with sponsorships.

I don't know if that's the truth or if he just doesn't want to get involved with sponsoring me, but whatever the reason, it's not going to happen.

Nobody else we know is in a position to act as a co sponsor. My wife has relatives and friends, but they all have kids and don't earn enough.

We haven't been idle on this matter, we both hate the idea that I could be deported at any time, and we've been trying hard ever since we got married to work this out.

Asking my wife's boss was a last resort, because we never believed he'd give her a 25% pay raise, especially with the financial situation the country is in at the moment.

To be honest, we were both extremely surprised earlier today when he agreed. It was pretty surreal.

It was pretty frustrating that the only advice we could find was to get a co sponsor. MUCH easier said than done!

If there was any way we could have got a co sponsor we wouldn't be in this predicament now, as we would have filed within the 90 days.

[lynJer 7]

I believe the lawyer was acting correcty and giving advice based upon your mitigating circumstances which renders considerable consideration in your case ... i.e. the kids and changes that occured beyond your control...

If I was a betting person I would bett a hundred bucks youll be right and things will go through smoothly for you....Well I hope so....

cheers...

[Deputy Purple 1,294]

She's now earning $12.50/hour

x 40 hours/week = $500/week

x 52 weeks = $26,000

She gets $100/week child support for my stepson from his dad.

He was ordered to pay $75/week, but he voluntarily pays $100/week. Unfortunately, he pays cash, so we only have supporting documentation (divorce papers with court order) for $75/week.

$75/week x 52 weeks = $3,900

+ $26,000 = $29,900

It's not quite that simple. Of course she won't have tax returns with the new income on it but you need to take into consideration that there is a difference between Adjusted Gross Income & Gross Income.

With the Child Support there is no adjustment, in fact Child Support doesn't exist for tax purposes (payer can't deduct it, payee isn't taxed on it).

For her wages if she has any pre-tax deductions such as medical insurance, 401(k) contributions etc that will reduce her Adjusted Gross Income. So say she is paid $500 per week and has a pre-tax deduction of %50 per week then her adjusted gross income is $450 per week with annual adjusted gross income of $23,400 not $26,000. When evaluating an Affidavit of Support they want current pay-stubs to show current sustained income. I can't say for sure that every IO accurately makes the adjustment on gross income but you should be prepared for that.

Of course is she has no pre-tax deductions then this isn't an issue at all.

FWIW, this is also how Child Support is calculated in my state (Illinois) as a percentage of Adjusted Gross Income.

[Myopia 93]

I get what you say about finding a cosponsor. The reason I am not filing with the co sponsor is because she was a little rattled by a work mate of hers who told her that that being a sponsor would mean that she would be paying my bills. I have been here for 13 years and the most I owe is to Sprint! There are three options that I can think of and I know you probably already thought of them.

a) You can file with what your current situation is which will include the child support and wife's new pay rate with the letter from her boss confirming the new salary.

b) You can wait a couple months for her to have at least a few pay periods with the new salary and USCIS will be able to use that.

c) Get a __ _______.

I'm not going to tell you what I would do. Suffice it to say I am only filing now that my husband is making above the threshold. I wish I could help you more but I am certain that the other members will as soon as they are able.

[doctorbeat 6]

Sorry, yes I should have mentioned that I suppose.

My wife doesn't have any pre-tax deductions, so her adjusted gross income is the same as her gross income.

[doctorbeat 6]

a) You can file with what your current situation is which will include the child support and wife's new pay rate with the letter from her boss confirming the new salary.

b) You can wait a couple months for her to have at least a few pay periods with the new salary and USCIS will be able to use that.

Am I right in thinking that if we did a), the worst that could happen is that they could send us an RFE?

In that case, wouldn't she then have several other pay stubs/bank statements to submit as further evidence?

She gets paid every two weeks, and the raise will actually come into effect on her next paycheck (wednesday) so I expect we'll have a few pay stubs to send with the application.

In an ideal world, we'd have plenty of stuff to send, but we just have to work with what we've got.

I hope it's enough...

[Lisa011 6]

Hello I AOS thru my u.s husband I was a visa waiver overstay but my situation was a little different I came here when I was 12 and didn't have an option did not know I was illegal until I was 18 I applied and got approved thank god ! I knew I was taking a big risk but I did just hear of 2 visa waiver overstays getting denied in Chicago

[Myopia 93]

Am I right in thinking that if we did a), the worst that could happen is that they could send us an RFE?

In that case, wouldn't she then have several other pay stubs/bank statements to submit as further evidence?

She gets paid every two weeks, and the raise will actually come into effect on her next paycheck (wednesday) so I expect we'll have a few pay stubs to send with the application.

In an ideal world, we'd have plenty of stuff to send, but we just have to work with what we've got.

I hope it's enough...

That's my way of thinking. By the time you get the interview you should have more pay stubs and maybe even a co sponsor just in case.

Lisa--I really think you were blessed because the district you adjusted in is one of the ones that had a clear ruling but these waivers are discretionary so maybe your mitigating factors were what swayed the Immigration Officer and the other two denials had something that swayed the other way. As I said it seems very piecemeal.