Question about co-sponsoring

[TexanMomma 0]

Hello all, new here.

I am a US citizen, and my now husband flew down from Canada in April of last year to visit me. We ended up marrying in September and also found out we are expecting a baby.

Long story short, I lost my income and am looking at living with my mother for a bit. We do have the means to submit his AOS paperwork, but of course I cannot sponsor him with such limited resources. Before we ask my mom to co-sponsor, I see that on the form they require both her address and his. If he moves in with her, will she get in trouble for "harboring" him? Or will he be pending for citizenship?

Thanks for your time.

[Mithmeoi 29]

Hello all, new here.

I am a US citizen, and my now husband flew down from Canada in April of last year to visit me. We ended up marrying in September and also found out we are expecting a baby.

Long story short, I lost my income and am looking at living with my mother for a bit. We do have the means to submit his AOS paperwork, but of course I cannot sponsor him with such limited resources. Before we ask my mom to co-sponsor, I see that on the form they require both her address and his. If he moves in with her, will she get in trouble for "harboring" him? Or will he be pending for citizenship?

Thanks for your time.

What do you mean by "harboring" him? Is he currently living with you?

Having a co-sponsor is just so your spouse won't become a public charge if you were not able to support him, but I don't think she would get in any trouble for him living there as long as everyone is honest on the forms.

He won't get citizenship right away, he will have had to live here three years, married, or five years un-married to apply for that.

What he will get is Legal Permanent Resident status.

Edited March 18, 2013 by Mithmeoi

[TexanMomma 0]

^ Yes, he is currently living with me. I am curious about if he moves in with my mother and me during the AOS/co-sponsorship paperwork whether or not she would get in trouble for that.

[Mithmeoi 29]

^ Yes, he is currently living with me. I am curious about if he moves in with my mother and me during the AOS/co-sponsorship paperwork whether or not she would get in trouble for that.

I don't think she would since immigration would already be aware that you applied for him to live here and if he hasn't done anything wrong you don't need to worry. If you submit your papers before the move just make sure you update his address with immigration.

Edited March 18, 2013 by Mithmeoi

[Cathi 5,771]

why would you think she would get in trouble? Is he a felon, has he broken the law? There is no reason she would get in trouble unless he were in some sort of trouble himself and she is allowing him to live there and hiding him. I'm assuming your husband came here legally...

As the spouse you are always the main sponsor, income or not, you mother would be a joint sponsor. Good luck and congratulations on the baby

[Penguin_ie 5,994]

** Moving from AOS from Family Visa to AOS from TOurist Visa as OP's husband came to visit as a Canadian ****

There should be no issues with your husband staying at your mom's and her co=sponsoring. Overstay is forgiven for spouses of USC when adjusting status.

[TexanMomma 0]

Thanks for the responses!

why would you think she would get in trouble? Is he a felon, has he broken the law? There is no reason she would get in trouble unless he were in some sort of trouble himself and she is allowing him to live there and hiding him. I'm assuming your husband came here legally...

As the spouse you are always the main sponsor, income or not, you mother would be a joint sponsor. Good luck and congratulations on the baby

No, nothing like that; I was just concerned that since he is currently illegal due to overstay, that it might look bad on my mom's part for harboring/sheltering him. I just don't want her to put herself into any legal risk by co-sponsoring for us!

[Red 5 0]

I actually have a very similar situation, surprisingly. I'm a Canadian, and came to the US with the intention to visit my girlfriend and return, and then, well, we got married and are expecting a little guy in May, and now I've overstayed my 6-month period by several months (mid-April to mid-Oct, and now it's late March). I've found myself in a bit of a pickle because I can't work, but my wife's parents are letting us stay in their house. They've agreed to help with the bulk of the financial load that comes along with the AOS, but they're nervous about the Affidavit of Support (the I-864) because it points out they've let me live in their house (because of the address fields, obviously), and they're not going anywhere near treading on laws, obviously.

What I'm really looking for is some proper legal documentation, or a clause or something somewhere that states that they're not breaking any laws by letting me live here and co-sponsoring. They don't want something trailing back to bite them, regardless of how little or meaningless it is. Is there any such thing at all, or is it just a shrug and generally "overlooked"? I'd appreciate some real clarity on this one, specifically with a source of some kind, and if it's not there, or I should just consult a lawyer, I'd appreciate knowing!

Edited March 23, 2013 by Red 5