Out of status and stuck on what to do! Help guys please. (merged)

[NancyNguyen 1,657]

Can you not return back to school for option 3? Also anyone with legal and sufficient source of employment in US can be a sponsor so it doesn't have to be family.

Once you are out of status, you can't reinstate your F1 visa without leaving the States, let alone H1B.

OP: there is no way around, you need a co-sponsor for your marriage-based AOS. Don't think about any status reinstatement once you are out of status. Good luck.

[milimelo 4,196]

~ Identical topics merged and moved to AOS from work, student, tourist visa. Don't post more than once on the same issue.~

[muja 9]

Dear Original Poster,

Your wife does not need a degree in order to get a job. It seem your only options are to get someone to file the affidavit of support for you or have your wife (the party who has work authorization) get a job so she can file the affidavit for you and ultimately get you a Green Card.

You will most likely be able to begin working in a few months after the paperwork is filed because you should get the work authorization in about 2 to 3 months.

Good luck !

[Boiler 43,434]

You missed the obvious option, go home get a job sponsor your wife to move to your country.

You said you can earn good money and for what ever reason she can not work so best to be where you can get a job.

[LoveMyTico 999]

Thank you Belinda. Yes, I am aware of the joint sponsor and him/her not having to live with us at all. But we are not able to find anyone willing to do it and my wife absolutely has no prospects of earning $20,000 a year, given she does not have even a Bachelor's degree. I already have a Bachelor's and it is easy for me to get legal employment which pays over $50,000, but no authorization. I already have people ready to hire me if I provide proof of work authorization at $60,000+ a year. Me earning legally can be used as the sponsor is possible, I believe? I really am hoping to just do that but I do not know how to acquire work authorization

I don't have a degree and I make over $27/hour at a large Pharma Co. Sign up with the temp agencies. Its a way to get your foot in the door. Alot of times you can be a file clerk and make $15-$20 per hour Easy.

It may not be long term, but your wife could be offered a permanent job while on temp assignments. There are jobs out there. Don't use "not having a degree" as an excuse. If you really want this, it will happen. Sometimes you have to work a little.

[RICARDO4EVA2 194]

You missed the obvious option, go home get a job sponsor your wife to move to your country.

You said you can earn good money and for what ever reason she can not work so best to be where you can get a job.

thats one.. true.

the options is find a supporter that is willing to help meet the aos requirement. if not not, other is to take her to where you have residency.

[Gosia & Tito 199]

Hello guys,

This is my situation. I came to the US on F1 status to do my Master's in computer science. I married an American Citizen on the 14th of November, 2014. I then failed out of school and lost my F1 status. That means, I am out of status right now.

Here are the options I considered and why they have not worked out for me:

1. Green Card: My wife is not in college either due to financial aid problems. She is not in school and has no degree. So, she cannot get a job or an income. For me to get a green card, I need my wife to be earning at least 125% of the poverty line of the year (which is near $20,000 a year). The alternate to my wife not earning is any of her family members working. Her dad is dead and her mom does not work at all. Any other family member she has are not ready to sponsor me and cannot even if they were, because they are not a part of my wife's tax returns or living in the same household (one of which HAS TO BE MET in order for the family members to sponsor me). We are not able to find any friends who make that money and are green card holders who are ready to sponsor us. So, we cannot do that either. So essentially, we do not have a sponsor or required income in order to apply for a green card.

2. Spouse Visa: Spouse visa requires everything a green card requires. So for the same reasons as mentioned in point 1, spouse visa is not possible either.

3. H1B Visa: No company is ready to sponsor me for a H1B straightaway without an OPT or CPT or some kind of work authorization. I cannot get any of this because all of this requires the help of the college which I am not a student of anymore.

4. I-765 Visa: This is an EAD or work authorization visa, which requires a LOT of conditions to be met, which I do not meet. Also, this has to be a side application along with a lot of options. The only one I am eligible to apply is the I-881 form but the requirements they have to apply for that and apply for I-765 visa still does not meet my present situation.

The companies I talk to want me to show SOME kind of work authorization so I can work here, which I do not have. If anyone could please let me know what to do about this situation of mine, I would be really glad guys. I am really low on cash and have to start some kind of employment for the survival of the small family I am responsible for. Someone, PLEASE provide me with some kind of assistance or leads on this situation. What can I apply for that I would get approved of? What can I do to get work authorization? Who can help me out in this? Can an organization get involved in this? Please help me out.

Thank you very much in advance.

Any LPR or citizen can provide sponsorship, does not need to be a relative, nor living in same household. All that applies is the number of dependants of that person + your case, it needs to meet the requirement.

Not having a degree is no deterrent to have a job and make some income. MIght not be sufficient to meet the requirement but that is where the sponsor comes in.

[Gosia & Tito 199]

Thank you Belinda. Yes, I am aware of the joint sponsor and him/her not having to live with us at all. But we are not able to find anyone willing to do it and my wife absolutely has no prospects of earning $20,000 a year, given she does not have even a Bachelor's degree. I already have a Bachelor's and it is easy for me to get legal employment which pays over $50,000, but no authorization. I already have people ready to hire me if I provide proof of work authorization at $60,000+ a year. Me earning legally can be used as the sponsor is possible, I believe? I really am hoping to just do that but I do not know how to acquire work authorization

Sponsor only needs to present proof that he/she could provide support in case of need; does not have to actually support you.

Of course, should you need help, this sponsor could be on the hook for the aid you would receive from the govrenment. That does not apply to your spouse, only to you.

And only to the extent of the shortage your wife would have.

Proof is usuall a job and the paycheck, of course, meeting the dependents requirement.

Hard to imagine no one relative could meet those requirments.

I have been myself a sponsor of a couple I knew, several years ago, I never had to spent a dime, they were hard working and within 3 years when the foreign spouse became a citizen I was relieved. Same can be in your case. Since you mention you could obtain a decent employment, there shouldn't be much a problem unless those relatives plainly don't or can't help.

The sponsorship finishes when you become a citizem which can be in 3 years.

[Leo7777 243]

The original poster has said several times that he CANNOT get a co-sponsor.

So why do people keep suggesting this to him?

Yes, he first mentioned something about co-sponsor not living with him, but after he was told that was not necessary . . . he still came back and said there was no such person.

I believe him . . . and would not continue to suggest to him that he find a co-sponsor.

The real tragedy here is that the couple did not think this through before they were married.

A marriage license should really involve more criteria than it currently does.

[sumanthkrisna 0]

The original poster has said several times that he CANNOT get a co-sponsor.

So why do people keep suggesting this to him?

Yes, he first mentioned something about co-sponsor not living with him, but after he was told that was not necessary . . . he still came back and said there was no such person.

I believe him . . . and would not continue to suggest to him that he find a co-sponsor.

The real tragedy here is that the couple did not think this through before they were married.

A marriage license should really involve more criteria than it currently does.

Thank you. Yes, as he said, I cannot get a joint sponsor. I knew about this, just failed to mention it more clearly in my question.

I am not being rude guys. Just confirming the facts. Here is more information:

My wife works as a webcam model and a stripper, has been for over a year now. That does not generate any income for her.

She is in a job interview at a supermarket as I type this. She already attended and interview for another job on Friday. Waiting for those results.

She has a broken ligament in her ankle and a broken pinkie finger in her left hand. So she cannot waitress or carry anything.

We did not get married for a green card. We got married for love and not thinking anything else. I had no intentions of getting a green card when I got married, because I was and thought I would be in school and get my master's in computers. So now, I am forced to get a green card or something.

So now, I have a doubt. As so many have suggested that my wife needs a job, if she does get the two jobs she is trying for now, when can I apply for a green card using these 2 incomes? Because, I hear that you need the tax returns as proof. Which is not until next year same time. Is that right? Or can we get like 2 months of paychecks and apply? Do you guys think a letter of intent from the employer is needed/can help?

Thank you everyone. You have been really helpful.

Edited February 22, 2015 by sumanthkrisna

[Boiler 43,434]

So she is a web can model and stripper and does it for free? She should charge.

[Leo7777 243]

My wife works as a webcam model and a stripper, has been for over a year now. That does not generate any income for her.

Why doesn't it generate any income?

Strippers generally get good tips at least.

Or were you just posting this in jest?

Edited February 22, 2015 by Leo7777

[sexymackeral 14]

Thank you. Yes, as he said, I cannot get a joint sponsor. I knew about this, just failed to mention it more clearly in my question.

I am not being rude guys. Just confirming the facts. Here is more information:

My wife works as a webcam model and a stripper, has been for over a year now. That does not generate any income for her.

She is in a job interview at a supermarket as I type this. She already attended and interview for another job on Friday. Waiting for those results.

She has a broken ligament in her ankle and a broken pinkie finger in her left hand. So she cannot waitress or carry anything.

We did not get married for a green card. We got married for love and not thinking anything else. I had no intentions of getting a green card when I got married, because I was and thought I would be in school and get my master's in computers. So now, I am forced to get a green card or something.

So now, I have a doubt. As so many have suggested that my wife needs a job, if she does get the two jobs she is trying for now, when can I apply for a green card using these 2 incomes? Because, I hear that you need the tax returns as proof. Which is not until next year same time. Is that right? Or can we get like 2 months of paychecks and apply? Do you guys think a letter of intent from the employer is needed/can help?

Thank you everyone. You have been really helpful.

So she is a web can model and stripper and does it for free? She should charge.

This. I'm not sure why one would do that for a whole year without an income...or if you just mean that she doesn't have reported income for her work....

If you cannot get a cosponsor, then your wife needs to get two jobs in order to meet the income requirements. She can combine the income from two jobs to meet the income requirements for you to AOS. It will be a sacrifice and hard for hopefully a short while, but we do what we have to in life to make things work.

Good luck with your visa.

[Boiler 43,434]

Sounds like she has 2 jobs, this would make four.

[N-o-l-a 7,167]

Sounds like she has 2 jobs, this would make four.

Are they jobs if she isn't getting paid? Sounds more like a hobby.