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nabber85

British Citizen still in US with expired tourist visa

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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.

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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

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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 by Shauneg

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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.

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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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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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.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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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.


Done with K1, AOS and ROC

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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 :P ).

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

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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This is where flexible friends come in.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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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 by ValerieA

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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