My case seems pretty complicated to me, but that seems normal around here so I hope I can get a few things cleared up.
Alright, so I entered the US on a VWP already married to a USC. I intended on staying for 90 days, but a few things changed and we decided that I should adjust my status and stay on this trip. Before this, our plan was for me to go back and file K-3 a little later on, but at the time adjusting status just seemed easier. This was late last year, but it wasn't until after my visa expired that I'd found out the fees had risen in July. It was a case of bad luck and poor research my behalf.
My wife is a student, and my savings had withered away from the cost of living in the Bay Area, and not being able to work means that we're living off her part-time wages. Basically, the new fees are a monumental amount of money to save. We've been stuck in Visa purgatory for a few months, but it was only a couple of weeks ago when a friend told me about fee waivers. I read the USCIS' eligibility conditions on their website and it seemed like I'd be a pretty valid candidate for one. We're planning on seeing a lawyer or going to legal aid, and these are my biggest questions:
1) Do any of you know how picky USCIS are on accepting fee waivers? Will they just tell me to ask my sponsor to loan the money off her? Right now, that is an option i would only consider as a very, very last resort. Also, my family is dirt poor, and so is her's.
2) It's been a long time since my waiver expired (Sep. 2007, *gulp*), but I've always had intent to file and haven't worked illegally. I know that they can't deny my AOS on grounds of overstaying, but 6 months seems like a horrible burden to sell my case. Correct?
3) Would someone be able to give me a simple outline of how to send my forms with a fee waiver attached? I read the USCIS explanation, but was confused!
AOS from VWP; fee waiver, eligibility, etc.
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
My case seems pretty complicated to me, but that seems normal around here so I hope I can get a few things cleared up.
Alright, so I entered the US on a VWP already married to a USC. I intended on staying for 90 days, but a few things changed and we decided that I should adjust my status and stay on this trip. Before this, our plan was for me to go back and file K-3 a little later on, but at the time adjusting status just seemed easier. This was late last year, but it wasn't until after my visa expired that I'd found out the fees had risen in July. It was a case of bad luck and poor research my behalf.
My wife is a student, and my savings had withered away from the cost of living in the Bay Area, and not being able to work means that we're living off her part-time wages. Basically, the new fees are a monumental amount of money to save. We've been stuck in Visa purgatory for a few months, but it was only a couple of weeks ago when a friend told me about fee waivers. I read the USCIS' eligibility conditions on their website and it seemed like I'd be a pretty valid candidate for one. We're planning on seeing a lawyer or going to legal aid, and these are my biggest questions:
1) Do any of you know how picky USCIS are on accepting fee waivers? Will they just tell me to ask my sponsor to loan the money off her? Right now, that is an option i would only consider as a very, very last resort. Also, my family is dirt poor, and so is her's.
2) It's been a long time since my waiver expired (Sep. 2007, *gulp*), but I've always had intent to file and haven't worked illegally. I know that they can't deny my AOS on grounds of overstaying, but 6 months seems like a horrible burden to sell my case. Correct?
3) Would someone be able to give me a simple outline of how to send my forms with a fee waiver attached? I read the USCIS explanation, but was confused!
Thanks for any help you can give me!