Applying for AOS

[Anonymous9999 2]

I will be applying for  AOS for my husband.  Previous AOS application has been denied because we did not attend the interview twice because of some disagreements.  Lately, I reported him to ICE (online) because he left me and did not want to do anything for his 2 children.  I was begging him even just for the sake of his children,  I need him to help me watching them because I need to go back to work after 90 days of Maternity Leave.  I have also filed for Temporary Separation, and still on going, we have not received any schedule for hearing yet.  He wants me to reapply for AOS so he can get a decent job.  He has been working as an undocumented Immigrant for a month now.  My questions are,

1) If we are going to reapply for AOS, would it be a problem because I have reported him to ICE?

2) Does USCIS considered him violating the law because he works as an undocumented immigrant, do they usually check that?

3) I think I have read somewhere that applying for I-485 is no longer included the fee for I-765. Is this right?

 Any input is highly appreciated.  Thank you.

 

MJ

[Anonymous9999 2]

Is it possible to apply for I- 912 Fee Waiver?

[SalishSea 17,928]

22 minutes ago, markjane said:

1) If we are going to reapply for AOS, would it be a problem because I have reported him to ICE?

Seriously?

[Dashinka 24,593]

1 hour ago, markjane said:

I will be applying for  AOS for my husband.  Previous AOS application has been denied because we did not attend the interview twice because of some disagreements.  Lately, I reported him to ICE (online) because he left me and did not want to do anything for his 2 children.  I was begging him even just for the sake of his children,  I need him to help me watching them because I need to go back to work after 90 days of Maternity Leave.  I have also filed for Temporary Separation, and still on going, we have not received any schedule for hearing yet.  He wants me to reapply for AOS so he can get a decent job.  He has been working as an undocumented Immigrant for a month now.  My questions are,

1) If we are going to reapply for AOS, would it be a problem because I have reported him to ICE?

2) Does USCIS considered him violating the law because he works as an undocumented immigrant, do they usually check that?

3) I think I have read somewhere that applying for I-485 is no longer included the fee for I-765. Is this right?

 Any input is highly appreciated.  Thank you.

 

MJ

1) Maybe

2) Maybe, depends on number 1

3) Not that I have heard.

[Crazy Cat 41,981]

You can not apply for him.  The I-485 is his petition.  I would expect a great deal of scrutiny in any future Adjustment of Status applications.  Your profile says IR=1/CR-1...Why? 

 "Tales of the Green Card" material..

 

1.  Very possibly

2.  He is working without authorization.

3.  If filed with an I-485, the I-765 fee is waived.

 

[Marieke H 2,519]

So why do you want to be married to this guy, besides having a babysitter? In your AOS application, you'll have to prove a bona fide marriage, which will be hard after disagreements that caused you to miss 2 interviews, you reporting him to ICE, and the separation. 

[belinda63 3,039]

So you don't want a spouse you want a babysitter.

I highly doubt this is going to work as you will need strong, strong proof this is a legitimate marriage and it doesn't sound like you can prove that. Missed two interviews, reported him to ICE, filed for a separation, and I must assume not living together for a while. What proof of living together and commingling of finances do you have? Do you currently and can you show a history during the marriage of joint bank accounts, joint credit cards, insurance together, joint loans, copies of leases with both of you on them, bills in both your names or yours and/or his to the same address? You will need to provide these things covering the entirety of the marriage, not something you can just go do now. You would also be on the hook for the affidavit of support for him. 

I would like to state that obtaining a green card through marriage fraud is a crime and both parties can be prosecuted. If you don't intend to remain married to him and filing for a separation sounds like that is the way this is headed you would be committing fraud.

There is no fee waiver for the I-485 for family member filing. You need to show YOU can support him and your dependents. If you can't afford the fee you certainly can't afford to support him. His illegal work cannot be counted as income for the purpose of the I-485.