Expired VWP, married US citizen and filing AOS 4 years later

[Shadaryia 11]

My fiancé's VWP expires January 27th, 2015. Not initially planned when he came here to see me but we now plan to marry end of January before his VWP expires. I can't file the I-130, I-485, I-864 until I finish nursing school in about 3 to 4 years and then can show I make 35k a year to sponsor him.

He will be out of status for 4 to 5 years. Opinions and experiences on what will happen in result of this action is appreciated. Thanks!

Edited November 18, 2014 by Amaryia

[JohnR! 5,495]

I would urge you to file for his AOS as soon as you're married and get a co-sponsor to sign his I-864. The option is that being out of status he won't be able to work, thereby adding to your financial stress, not to mention a lot of complications to his situation if he should be caught by immigration.

As there are talks of immigration reform, chances are that the USCIS will be harder on those who are here illegally and he may find himself in a deportation cell at any point during these 4-5 years.

Good luck!

[Ontarkie 13,917]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from Adjustment of Status (Green Card) from Family Based Visas - As the OP is exploring this option.~~

[Pheebs1201 269]

I agree, find a co-sponsor.

[Shadaryia 11]

I have asked everyone I know and can't find a co-sponsor so I guess we are just completely out of luck

[Pheebs1201 269]

I have asked everyone I know and can't find a co-sponsor so I guess we are just completely out of luck

Then I think the best thing would be for him to return home after you are married and file for a CR-1 whilst you consider/explore your options. It just seems safer.

[belinda63 2,981]

Is he aware of the consequences of his staying here for years out of status and at risk of deportation, not being able to work or drive? I know the love is new but you need to look at the future. If he decides to go home later because he can't handle sitting around the house all day being bored, he will incur a ban depending on how long he was here out of status. That means no VWP (if he stays past the 90 days), no tourist visa, and added time and expense when you file for the immigrant visa.

[Transborderwife 4,666]

In my opinion this is not an option. I'd sooner take a year off of school, work two jobs to have 35k annually (if possible) and sponsor aos before I'd let my spouse be out if status for 4-5 years. At that point he'd be subject to deportation and would need a hardship waiver to return which is often difficult to get if he's from a country where it's easy to find work and be stable. Search out things like catholic charities. They may be able to help you find a co sponsor.

[Shadaryia 11]

Thank you for the feedback, appreciated.

[Hypnos 6,576]

As someone who went through something broadly similar, I would strongly urge you not to do this to someone that you (presumably) love.

[Boiler 43,438]

Where does 35k come from?

I agree it is totally weird. Can not afford to sponsor. But can afford to miss out on 4 year wages.

[Hotter Otter 1,211]

That would be a terrible plan 4-5 years out of status and an extra mouth to feed and he couldn't earn. If you can't get a sponsor right now then him going the CR1 route after returning to the UK is best. I know its hard to be apart from your spouse but a lot of us have done it...

[Transborderwife 4,666]

Where does 35k come from?

I agree it is totally weird. Can not afford to sponsor. But can afford to miss out on 4 year wages.

From another thread she has 3 children. So she'd have to make 35k a year to sponsor.

[EM_Vandaveer 2,370]

Then again, maybe the friend and his mom can pool their income and make 35 k

[Shadaryia 11]

I appreciate everyone's opinions and wish you all the best.