British Citizen still in US with expired tourist visa

[nabber85 0]

Not sure if this is the right place to post this, but here goes..

Ok, a bit of back story.. I came to the US to visit a woman i'd known online for 10+ years, in the summer of 2011. During the 90 days i was here, she had medical complications and needed emergency surgery. Going through this with her, made me realize I wanted to be with her, so I never left and helped her recover, and stayed as a house husband while she went back to work. We were saving for the green card, when we found out she was pregnant with our son. So the money saved for the card went in preparation of the coming baby. Our son was born in september 2012, and i became a stay at home dad while she went back to work again (she's a nurse, whilst i have a Bsc hons. in computer science) because we realized she earns 50% more than I was likely going to.

Now he is 2.5 years old, and he has just been diagnosed with autism and the funds we've been saving for the card again, is now expected to be needed to cover more medical expenses. I am still here, nearly 4 years later still with no green card, no driving license, and no sure financial means in which to acquire one. I'm just looking for advice on what to do in my situation, and the potential outcome of doing nothing for another 12-24 month period. Our marriage is still going strong, and i could not imagine being without my family, and obviously worried. Worried about the ramifications of even starting the process of application, worried about the financial constraints upon us already and obviously worried about my family.

Will starting the application flag me for potential deportation? Will not doing so catch up with me eventually anyway? Will having a son and wife who are both citizens help at all with the financial requirements? Is there a chance my application can be denied and the fee being wasted? Will being an EU citizen with a bachelors degree help my application be successful?

These are just some of the questions I have regarding my status, so any and all help or advice will be greatly appreciated.

[BigDaddy28 228]

my thoughts to you is to save for your money and apply for a green card. Your son is a priority abd his health needs attention when you have a gap save as much as you could and apply. If you dont have any problems with law I dont think ICE will come after you but being legal is important because it can give you a chance to support your family as well. Yes having a kid helps a lot. Being from the EU might help with background checks since you are not from high risk country. I doubt you would get denied, I think you will be approved if you don't have major red flags. Having a degree doesn't have anything with getting a green card. Whenever you have a chance sky for a green card

[Shauneg 762]

Not sure if this is the right place to post this, but here goes..

Ok, a bit of back story.. I came to the US to visit a woman i'd known online for 10+ years, in the summer of 2011. During the 90 days i was here, she had medical complications and needed emergency surgery. Going through this with her, made me realize I wanted to be with her, so I never left and helped her recover, and stayed as a house husband while she went back to work. We were saving for the green card, when we found out she was pregnant with our son. So the money saved for the card went in preparation of the coming baby. Our son was born in september 2012, and i became a stay at home dad while she went back to work again (she's a nurse, whilst i have a Bsc hons. in computer science) because we realized she earns 50% more than I was likely going to.

Now he is 2.5 years old, and he has just been diagnosed with autism and the funds we've been saving for the card again, is now expected to be needed to cover more medical expenses. I am still here, nearly 4 years later still with no green card, no driving license, and no sure financial means in which to acquire one. I'm just looking for advice on what to do in my situation, and the potential outcome of doing nothing for another 12-24 month period. Our marriage is still going strong, and i could not imagine being without my family, and obviously worried. Worried about the ramifications of even starting the process of application, worried about the financial constraints upon us already and obviously worried about my family.

Will starting the application flag me for potential deportation? Will not doing so catch up with me eventually anyway? Will having a son and wife who are both citizens help at all with the financial requirements? Is there a chance my application can be denied and the fee being wasted? Will being an EU citizen with a bachelors degree help my application be successful?

These are just some of the questions I have regarding my status, so any and all help or advice will be greatly appreciated.

You will be fine to file and adjust, you need not worry about deportation or anything like that. Financial constraints seems to be your worry here, I know your son takes priority, and I also have a son with autism. Right now it seems that for your son it is best for you to get that card and get legal so you can work asap...... Need to find family for a sponsor it seems, but I don't know your income levels.

How long after you got here did you marry? Were you still in status at the time? Won't affect the process, I am just wondering for reference dates/points.

Edited April 17, 2015 by Shauneg

[ricnally 258]

You did not mention ever getting married, which is something you'll have to do before applying for the green card.

[nabber85 0]

Sorry, we got married after she got out of the hospital in the summer of 2011. Our financial status i would describe as "maintained" but no savings. Our incoming and outgoing are roughly the same, with perhaps a $100 cushion each month which eventually acrued to us possibly filing for the card before the diagnosis of our son. I have been considering thrift reselling on ebay to make enough for the green card but shied away from it due to my legal status, but thats another story. Thanks for all your helpful insights and advice, if anybody has anything else to add please do so. We applied for legal aid but were denied due to my wife earning $87 more per month than the maximum allowed for help :/ And a local non-profit group here in Arizona that helps with immigration informed us they only help with southern border immigration cases.

[Boiler 43,433]

You could have read up the basics in less time than you took to post here?

And having been here 4 years and never thought to look into it? Just seems really weird.

Google is your friend.

She in a Nurse and you mentioned she earns more than you can in IT so sponsorship is not an issue. Borrow the money and file, then you can get a job and contribute

[Shauneg 762]

Sorry, we got married after she got out of the hospital in the summer of 2011. Our financial status i would describe as "maintained" but no savings. Our incoming and outgoing are roughly the same, with perhaps a $100 cushion each month which eventually acrued to us possibly filing for the card before the diagnosis of our son. I have been considering thrift reselling on ebay to make enough for the green card but shied away from it due to my legal status, but thats another story. Thanks for all your helpful insights and advice, if anybody has anything else to add please do so. We applied for legal aid but were denied due to my wife earning $87 more per month than the maximum allowed for help :/ And a local non-profit group here in Arizona that helps with immigration informed us they only help with southern border immigration cases.

$87 more per month Ouch

hey only help with southern border immigration cases. Of course they do.

You will have no problem with being deported or anything like that as you entered legally with no intent to stay, and even though you are out of status now, you will not be deported nor will it be held aganist since you are married to a U.S. citizen.

Income for green cad/adjust of status.....

For a family of three the income guideline is 20,090.

[NikLR 13,220]

For a family of three the income guideline is 20,090.

No it's $25,112 unless they're in Alaska or Hawaii.

You need to look at the 125% line unless the spouse is in the military.

[Merrytooth 5,748]

Better borrow money and file AOS ASAP

One never knows when the marriage will head south, the USC refuses to file AOS anymore leaving the immigrant with no status.

[lost_at_sea 995]

You mean saving for the application, right? Sell a few things (your wife can sell them for you on ebay if you're really worried about that) or ask for a loan from a friend/family member so you don't end up in a worse mess afterwards with loan repayments to the bank (even if your family charge you interest, at least they'll probably only charge you the rate of inflation ).

Getting your status sorted so you can work seems like the best thing for you and your family.

Edited April 18, 2015 by lost_at_sea

[Boiler 43,433]

This is where flexible friends come in.

[NickD 202]

Okay, so I had more money than time so hired an immigration attorney for guidance. Warned me about getting my girl back before her I-94 expired. Never a problem if you plan to stay here illegally, have over 11 million that have done this.

But can be a problem if applying with the USCIS, this is when they check for overstayed visas. He also told me about a visa extension form, all I could remember was the fee was 300 bucks. But just made darn sure I got her back on the plane on time.

In some form, you are asked if you overstayed your visa, if you did, you better answer yes, they can check on this can will deport you for lying. I do know of some that were forgiven, but they answered this question correctly.

So I gather if you never intend to apply for immigration, you are okay, but if you do, this is when they check on you.

[Ryan H 3,790]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[ValerieA 350]

You are fine to adjust status; if you want to save money, use the guide here: http://www.visajourney.com/content/i130guide2and do it yourself, saving on lawyer fees - many of us have, it is quite a simple, straightforward process.

I would urge you to file your AOS package sooner rather than later. It is doubtful that you would come to anyone's attention and be deported, but you ARE in Arizona, which to me means a slightly higher risk of getting caught, in a checkpoint.

Will starting the application flag me for potential deportation? No, once the I-485 is filed, you enter a period of authorized stay until your case is adjudicated.

.Will not doing so catch up with me eventually anyway? Doubtful, but definitely possible.

Will having a son and wife who are both citizens help at all with the financial requirements? The financial requirements are what they are...I believe others have already posted above the income needed for a household of 3.

Is there a chance my application can be denied and the fee being wasted? There is always a chance, but as long as you entered the country legally and have a bonafide marriage, it is EXTREMELY doubtful.

Will being an EU citizen with a bachelors degree help my application be successful? Nope. Won't hurt it, either. No impact.

ETA: Do NOT leave the country, under any circumstances, until you receive at least your AP/EAD document, but preferably even wait until you receive your green card. It takes 3-5 months, typically, from date of filing.

Edited April 20, 2015 by ValerieA