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

[Gosia & Tito 199]

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!

Not a good idea, to be ot of status for that long.

Not only he would not be able to work, drive or leave the country (if he leaves, he might have a hard time returning), but if found deportation procedures could be in his future. At that point you would need to file AOS in a hurry.

Alternatively, you could find a co-sponsor (anyone who is a citizen or LPR can be, does not need to be a relative)

Or, postpone marriage until you are able to AOS. For AOS, depending on the state you are, and assuming just you and spouse in household is about 18-20k/year, plus the application fees

[Gosia & Tito 199]

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

What is the reason people is not willing to?

While it is true that there are some obligations (contractual/financial) a co-sponsor would have -if your future spouse ends up receiving federal aid; they are not as hard IMHO. I have been a co-sponsor myself for a friend of mine.

I'd not risk being out of status for that long. Too many complications could arise.

[Umka36 781]

What is the reason people is not willing to?

While it is true that there are some obligations (contractual/financial) a co-sponsor would have -if your future spouse ends up receiving federal aid; they are not as hard IMHO. I have been a co-sponsor myself for a friend of mine.

I'd not risk being out of status for that long. Too many complications could arise.

Being a co-sponsor is a huge responsibility not to be taken likely.

http://www.visajourney.com/forums/topic/522091-protecting-sponsor-from-i-864-lawsuits/

[raven52 233]

From your last post OP..,.,.,you do not like the answers you were getting here.

Get married, and he goes back to the U.K., and file spousal visa.,,.and go to school while the process works, he can work, an visit also.

There is most always sacrifice in these situations, are you ready to make one, just do not subject him to a 4-5 year over stay.

[Glyn and Kathy 288]

Things happen that we don't expect. What if in those 3-4 years he has a family member become ill or God forbids, dies...and he needs to leave? I know you're main concern when you're in love is you just want to be together and not be separated, believe me when I say, we ALL get that as most of us have been through it. But you really don't want to have him out of status for that long. Too much can go wrong. Not to mention the toll it would take on his mental health having to stay home and not work...not drive...not help support his family??

[Shadaryia 11]

Thanks for everyone's replies, very appreciated. We may have a joint sponsor to help. -crosses fingers- I can't file forms for a couple of months but all hopefully will be filed by March same year.

[kzielu 1,147]

Thanks for everyone's replies, very appreciated. We may have a joint sponsor to help. -crosses fingers- I can't file forms for a couple of months but all hopefully will be filed by March same year.

Apart from all the legal issues, I would be worried about relationship. Moving overseas has lots of frustrations itself, being stuck home, unable to work can break even strongest relationship. It's a terrible plan and I wonder if your future spouse knows what his immediate future looks like...

[Gosia & Tito 199]

Being a co-sponsor is a huge responsibility not to be taken likely.

http://www.visajourney.com/forums/topic/522091-protecting-sponsor-from-i-864-lawsuits/

No one is saying there is no responsibility or to take it lightly. Merely asking what are the reasons because it could be that some education is needed. Vast majority of people is grossly uninformed about immigration and some of the derived processes, such as this one we are discussing As I noted, I've been a sponsor myself, and not even for a relative.

And yes, there could be lawsuits, etc; no one is denying that; but before you create a storm in a glass of water, Would stats be posted as to what is the rate of lawsuites and the rates of recovery of monies from the government and other 3rd parties? I've never seen one myself, but suspect it to be low.

Advise has been given to OP to not be out of status for long, co-sponsor or hold on marriage advise has also been given; before scaring OP to death, let's provide balanced information as to what the implications of not meeting the 864 are, that is, lawsuits and government action is possible, but also, what are the probabilities and in what cases has the governmnet and 3rd parties moved, as well as what are the results. Just because lawsuits have been started does not mean that cause was lost or won; anyone can sue as we all know, but prevailing in the case is another matter entirely.

[Umka36 781]

Whether the chances are low or not, the sponsor should be aware of their obligation. We typically only hear from the petitioner/beneficiary, so I have no clue what is told or how informed the co-sponsor is.

[Boiler 43,427]

For a single male there is very little chance. Never say never. But being hit by lightning worries me more.

[Merrytooth 5,748]

Then this person might be so unlucky to get sued.

http://www.visajourney.com/forums/topic/522653-co-sponsors-responsibility-after-filing-ch-13-bankruptcy/#entry7341188

Edited November 19, 2014 by Merrytooth