help..what to do with our situation?

[mary ann russ 0]

Russ and I has been married since Jan 2009. We have a lil girl and she is 2 years and 5 months old now. First , we filed on a k3 non immigrant visa this was in march 2010... we got approved from the USCIS 5 months later.. we were very happy but then a few weeks later my husband received a letter from the NVC that we need to pursue a CR-1 route. Now, we are gathering all the papers and everything went well except for the AOS that really takes forever.

My husband has an M.D. degree and I'm a nursing graduate. My husband has been out of his career for quite sometime now because he is taking good care of his mom. She is disabled ( she had a car accident in 1984 and her one leg were amputated...and she has been miserable and depressed for a long time) and in a wheelchair and can't do so much. My husband loves his mom very much (he took her with him when he came to philippines to marry me). and I let him to take good care of her because i care about her too. Now, they had an agreement long time ago that she's going to sign the AOS for me so he can take me to USA (it is so heartbreaking to see them going home twice without me and my baby) but now she won't do it for us... even if my husband has done a lot for her. AOS is the only thing we need so i will come home to USA and be reunited with my husband. We have asked his family and they won't do so much about it. It has been 2 years now of waiting and nothing happens.. our lil girl she is 2 years and 5 months and the last time she was with her daddy was when she's 4 months old. It is has breaking for me to see her growing without her daddy although she does spend time with him via skype but it's never really the same. At times she will tell me "mommmy, we're going home to USA" and sometimes she will cry looking for her daddy. It is has really been a tough situation for us. I know that God allow this thing to happen so good things will come out of it. My husband and I loves each other very much and we have Faith that God will make a way for us and never to give up

[zenaxe 22]

Russ and I has been married since Jan 2009. We have a lil girl and she is 2 years and 5 months old now. First , we filed on a k3 non immigrant visa this was in march 2010... we got approved from the USCIS 5 months later.. we were very happy but then a few weeks later my husband received a letter from the NVC that we need to pursue a CR-1 route. Now, we are gathering all the papers and everything went well except for the AOS that really takes forever.

My husband has an M.D. degree and I'm a nursing graduate. My husband has been out of his career for quite sometime now because he is taking good care of his mom. She is disabled ( she had a car accident in 1984 and her one leg were amputated...and she has been miserable and depressed for a long time) and in a wheelchair and can't do so much. My husband loves his mom very much (he took her with him when he came to philippines to marry me). and I let him to take good care of her because i care about her too. Now, they had an agreement long time ago that she's going to sign the AOS for me so he can take me to USA (it is so heartbreaking to see them going home twice without me and my baby) but now she won't do it for us... even if my husband has done a lot for her. AOS is the only thing we need so i will come home to USA and be reunited with my husband. We have asked his family and they won't do so much about it. It has been 2 years now of waiting and nothing happens.. our lil girl she is 2 years and 5 months and the last time she was with her daddy was when she's 4 months old. It is has breaking for me to see her growing without her daddy although she does spend time with him via skype but it's never really the same. At times she will tell me "mommmy, we're going home to USA" and sometimes she will cry looking for her daddy. It is has really been a tough situation for us. I know that God allow this thing to happen so good things will come out of it. My husband and I loves each other very much and we have Faith that God will make a way for us and never to give up

Adjustment of Status (AOS) applies when you are living in the USA, get married and then file to adjust depending on if you came here via K1 r K3 to get your green card; hence the adjustment of status. K3 visa aren't being used anymore. At a time when this took forever, the K 3 visa was a way of getting in faster; But the gov't has made changes and it's just as fast to get through via I -130 so K 3s are phased out. If you are now married and are filing for the I 130 there is no adjustment of status. You get approval and you get a green card; there is no status to adjust. Once you get the green card you can immigrate to the USA. I believe you said he married you in the Philipines. The only other issue regarding anyone else signing is if he doesn't make enough money as per the guidelines to support you and would require a cosponsor. He has to prove that he makes sufficient income to support you and or children. The amount required depends on the size of the household. If this is not the case, then no other signature is required.

File for the CR 1 and you won't need the AOS.

Good luck.

Edited May 21, 2012 by zenaxe

[mary ann russ 0]

Adjustment of Status (AOS) applies when you are living in the USA, get married and then file to adjust depending on if you came here via K1 r K3 to get your green card; hence the adjustment of status. K3 visa aren't being used anymore. At a time when this took forever, the K 3 visa was a way of getting in faster; But the gov't has made changes and it's just as fast to get through via I -130 so K 3s are phased out. If you are now married and are filing for the I 130 there is no adjustment of status. You get approval and you get a green card; there is no status to adjust. Once you get the green card you can immigrate to the USA. I believe you said he married you in the Philipines. The only other issue regarding anyone else signing is if he doesn't make enough money as per the guidelines to support you and would require a cosponsor. He has to prove that he makes sufficient income to support you and or children. The amount required depends on the size of the household. If this is not the case, then no other signature is required.

File for the CR 1 and you won't need the AOS.

Good luck.

I'm sorry, what I mean for AOS is Affidavit of support not Adjustment of Status. That's really the problem right now because he's been out of his career for sometime taking good care of his mom. He doesn't have an income because he is not working right now. His mom is our only chance, and he won't sign it for us

[dwheels76 5,459]

Adjustment of Status (AOS) applies when you are living in the USA, get married and then file to adjust depending on if you came here via K1 r K3 to get your green card; hence the adjustment of status. K3 visa aren't being used anymore. At a time when this took forever, the K 3 visa was a way of getting in faster; But the gov't has made changes and it's just as fast to get through via I -130 so K 3s are phased out. If you are now married and are filing for the I 130 there is no adjustment of status. You get approval and you get a green card; there is no status to adjust. Once you get the green card you can immigrate to the USA. I believe you said he married you in the Philipines. The only other issue regarding anyone else signing is if he doesn't make enough money as per the guidelines to support you and would require a cosponsor. He has to prove that he makes sufficient income to support you and or children. The amount required depends on the size of the household. If this is not the case, then no other signature is required.

File for the CR 1 and you won't need the AOS.

Good luck.

No AOS in this situation she is speaking of is Affidavit of Support. She is stating they have no sponsor because her husband isn't working and mom was going to sponsor them. So they have been stuck for 2 years waiting for a sponsor from family and they haven't got it yet. She was seeking some advice.

I am sorry to hear this but is there anyone else your husband might consider a friend his father.?I know this isn't an easy subject just to ask people its a bug big responsibility. Good luck and God bless.

[zenaxe 22]

I'm sorry, what I mean for AOS is Affidavit of support not Adjustment of Status. That's really the problem right now because he's been out of his career for sometime taking good care of his mom. He doesn't have an income because he is not working right now. His mom is our only chance, and he won't sign it for us

Thanks for clarifying. I was wondering. You could consult with an immigration attorney. If your husband cannot satisfy the income threshold as set out in the immigration requirements you will need a cosponsor to get it done. There is obviously a reason for her to change her mind. Barring speaking with her and her changing her position, your husband will have to find another person. That's a tough situation to be in. Perhaps you can work this out with her. There was a reason she agreed in the first place and something has changed.

Good luck to you.

[Leatherneck 693]

There is no way to immigrate without an AOS, the supporting documents and/or a joint sponsor. If your husband was a doctor, can he get one of his old colleagues to joint sponsor, as a favor? Good luck OP.

[AYMAN_RINA 92]

Not an easy situation to be in and you have a daughter.You won't be able to come without AOS that's for sure.You need a co sponsor. Maybe a friend or someone in the family can help.I wish you Good Luck

[God fearing 13]

Correct me if i'm wrong but I believe if your husband has enough assets to meet the Poverty threshold he can sponsor you without being employed.

Edited May 21, 2012 by Al & Afiah

[Penguin_ie 5,984]

Your husband has two options:

- Find a co-sponsor; it doesn't have to be family- he should ask neighbours, college friends, gold buddies, church family... ask everyone.

- Find a job. As an MD, assuming he is still certified, he can easily pick up a job. It wouldn't need to be full time, as long as he fullfills the 125% poverty line- his mom can be alone for a few hours, or another relative can look after her.

[l.iber.tatis 7]

what´s his moms explanation for changing her mind?

I´d advise your husband to find a job, of course it won´t be easy for his mom to get by on her own, especially since ha has taken care of her for such a long time, but since she suddenly refuses to sign the paperwork that she already agreed on signing, it´s not like he has a choice if he can´t find another sponsor. OR he can move to the pohillipines to live with you and your child there or you can keep up a long distance relationship or you can break up.

I guess it´s up to your husband now to talk to his mom and find out her reasons and explain the consequences to her... and you and him also need to make a decision regarding your relationship if he can´t find a co sponsor and doesn´t want to stop taking care of his mom (which is a nice thing of him to do, but his mom shouldn´t forget that he has to have a live too and you said she is "just" in a wheelchair). a friend of mine lost his leg too in an accident, he lives a life just like you and me, without help of anybody else... it´s possible...

what´s his moms explanation for changing her mind?

I´d advise your husband to find a job, of course it won´t be easy for his mom to get by on her own, especially since ha has taken care of her for such a long time, but since she suddenly refuses to sign the paperwork that she already agreed on signing, it´s not like he has a choice if he can´t find another sponsor. OR he can move to the pohillipines to live with you and your child there or you can keep up a long distance relationship or you can break up.

I guess it´s up to your husband now to talk to his mom and find out her reasons and explain the consequences to her... and you and him also need to make a decision regarding your relationship if he can´t find a co sponsor and doesn´t want to stop taking care of his mom (which is a nice thing of him to do, but his mom shouldn´t forget that he has to have a live too and you said she is "just" in a wheelchair). a friend of mine lost his leg too in an accident, he lives a life just like you and me, without help of anybody else... it´s possible...

[mary ann russ 0]

No AOS in this situation she is speaking of is Affidavit of Support. She is stating they have no sponsor because her husband isn't working and mom was going to sponsor them. So they have been stuck for 2 years waiting for a sponsor from family and they haven't got it yet. She was seeking some advice.

I am sorry to hear this but is there anyone else your husband might consider a friend his father.?I know this isn't an easy subject just to ask people its a bug big responsibility. Good luck and God bless.

thanks for the kind reply dwheels... he doesn't have a father now, his father died when he was 12. he's thinking of getting help from a church that would be the last resort and hopefully to find someone there who is willing to help us. For now, we are kinda hoping and hoping that his mom will get better, she's just having a lot of issues right now, she's just unpredictable sometimes... pls pray for us... I think its just gonna happen slowly and when things are kinda like that maybe God is really increasing our patience.

Some people may think, that breaking up is a solution..i don't really think so.. i believe that what God has blessed and bind together, nothing/no one can ever separate them no matter what circumstances is.:-)

My husband think about moving here to philippines.. he just don't think he could be a good doctor here because he can't speak our language and it would be much harder..

Anyways, thanks to the people who put there time to read.. I really appreciated them :-)

[l.iber.tatis 7]

Some people may think, that breaking up is a solution..i don't really think so.. i believe that what God has blessed and bind together, nothing/no one can ever separate them no matter what circumstances is.:-)

sorry, I didn´t mean that you should break up, I just wrote that to kinda show how serious your situation can get if you don´t find a co sponsor and that maybe his mom would understand the consequences... did she tell you why she chaged her mind and is it a "valid" reason or "just for fun"?

[together4evr 360]

How long did her practice as a doctor?

Does he own a home that is worth 3 times the poverty amount?

If he has money in the bank or owns a home-worth about 60,000

then he can use that to sponsor you

[pushbrk 12,093]

How long did her practice as a doctor?

Does he own a home that is worth 3 times the poverty amount?

If he has money in the bank or owns a home-worth about 60,000

then he can use that to sponsor you

This is not correct. The value of the home is not the issue. It would be the equity, as in the difference between the value of the home and any mortgage. Even then, equity in the primary residence is unlikely to be considered for sponsorship qualification. Assets considered must be "liquid". The instructions define that as reasonably able to be liquidated within a year WITHOUT UNDUE HARDSHIP to the sponsor or their family. Liquidating the family home is considered an undue hardship because it leaves the sponsor and their family without a home in which to live.

[dwheels76 5,459]

thanks for the kind reply dwheels... he doesn't have a father now, his father died when he was 12. he's thinking of getting help from a church that would be the last resort and hopefully to find someone there who is willing to help us. For now, we are kinda hoping and hoping that his mom will get better, she's just having a lot of issues right now, she's just unpredictable sometimes... pls pray for us... I think its just gonna happen slowly and when things are kinda like that maybe God is really increasing our patience.

Some people may think, that breaking up is a solution..i don't really think so.. i believe that what God has blessed and bind together, nothing/no one can ever separate them no matter what circumstances is.:-)

My husband think about moving here to philippines.. he just don't think he could be a good doctor here because he can't speak our language and it would be much harder..

Anyways, thanks to the people who put there time to read.. I really appreciated them :-)

Oh dear you are so welcome just sorry I can't help. And so sorry about his dad and all that. My your husband has had to deal with alot poor dear. But know nothing is impossible with God, and when you last expect it he will make a way and all of you will be together as it should be. Just hold on to your faith.