Two situation specific questions- I-864 and I-693

[durov_ivan 0]

Hi, my name is Ivan and i came to this country about 5 years ago as J-1 student. Then i was applying for B-2 visa twice. Second time i had to move to another place and as a result of this didnt get a reply from USCIS, so i dont have my original I-94. I overstayed my visas and was working illegally (i have my own social security number, just no work authorization). About 3 years ago, on one of well known internet dating websites i met a girl. She lives 800 miles away from me. We were talking alot, i visited her few times, but couldnt move to her state, cuz it has very strict immigration rules (i can not find job there). So we decided to get married. Problem is, we still live far away. She is also young mom of 2 kids, so she is currently unemployed.

My questions are:

-is it alright for me to get I-693 done in my current state of residence, or should i better do it after i move to her current state?( we are married in her state)

-also, since she is currently unemployed and getting food stamps, what should i do with I-864? I have few friends who can wright one for me, but i dont know how to do it in this case. I guess she will loose the ability to get any kind of government support, otherwise my sponsors will be forced to pay for it?

Hope You will be able to answer this questions

Thank You!

[NigeriaorBust 4,087]

If you file to AOS in the states based on a marriage you have to prove it is a real marriage. Living hundred of miles apart makes it hard to prove that. What state has tough immigration rule for someone already in the US ? A USC and her USC children can collect aid all they want, it is you that is prevented from getting any help. But if she is a welfare mom they may not accept cosponsors and deny AOS as a possible public charge. I think your chances of getting a positive AOS aren't high with your current living situation.

[Delaw 0]

Make sure that both of you are living together before filing your AOS or else they find out and you will be denied. As long you have friends that will sponsor you, you do not have problems. To do this, Your wife will have to submit I-864 even though she dies not have job and does not file taxes and your friend will fill up his I-864 as a co-sponsor...find out more on this. You will be fine if any of your friends will act as co-sponsor.

[Kathryn41 3,205]

moved from AOS from a family visa to AOS from a Work, Student & Tourist visa forum as OP is adjusting from a tourist visa