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  • Medical & poverty issues impede AOS

    When I originally brought my wife to the USA on a K-3 visa in 2004, I had every intention of promptly filing all her paperwork, adjusting status and getting work permit, etc.. Those plans have been on hold ever since my wife's illness and repeated hospital visits have kept us too poor to file anything. Even though we have insurance, it wasn't enough to cover all the expenses, and in some instances, the insurance didn't pay any part of the bill. My wife has a rare neurovascular disease called Moyamoya, but it was a long time before it was finally diagnosed and we have spent many nights in the emergency rooms with her TIAs and seizures since she has been here in the USA. In January 2006, She had brain surgery (STA-MCA bypass) on both sides to remedy the occluded carotid arteries at Stanford Medical University Hospital. After the surgery, we planned on filing the Adjustment of Status, but I kept getting my wages garnished by this time, so we planned to do the AOS when we filed our income taxes and use the income tax to pay for te AOS, but I had missed a lot of work from having to go to another state for 1 1/2 months for her surgeries, so we came in below the required income guidelines and we don't have anyone to co-sponsor. By this time her K-3 has long expired and we are concerned about that as well. My wife wanted to try working to help with meeting the income guidelines and had job offers. I called the USCIS helpline and told them about our plan to get her working to help meet the minimum income guideline and told them of her status, and that her k-3 is expired. The guy on the phone told me that I could file the I-765 and that it stood on its own and didn't need to file it along with the I-485. I just got a notice in the mail from USCIS that since we did not file an I-485, they cannot verify the applicant's eligibility for employment authorization card. I guess the guy was wrong.

    Matters became even more complicated for us when we found out my wife was pregnant again in May of this year, it wasn't intentional, but it happened, and her neurologist said that she should be okay to have the baby especially since she over a year post surgery. As the pregnancy has progressed however, she has had increasing difficulties with both the pregnancy and the moyamoya, she's considered a high risk pregnancy, I now take her in to the hospital on average of 2 times per week. Missing work on top of being garnished has taken a serious toll on us and our ability to survive. I originally tried to keep up on all the payment arrangements to keep the garnishments at bay, but there were too many to keep up with. I work at a retailer, and my original take home pay was around $640 every 2 weeks. Now with garnishments and missed earnings, my take home pay has been around $170 every 2 weeks. I have been having to make the decision whether to feed my family or to pay bills. I know that the Affidavit of Support states that if we go on public assistance, or file bankruptcy, that I will become ineligible as her sponsor. We are now in survival mode, I've had to swallow every bit of my pride as well as take my chances with the immigration thing, and do something I never thought I'd have to do, and that is ask for public assistance because we are about to lose everything anyway. My wife is afraid that she will be deported and is having a nervous breakdown which isn't helping her illness... I guess I'm scared too. I don't know what will happen next, and I don't know what to do. I see we just got a letter from the National Visa Center asking if we intend on pursuing an immigrant visa and we have a very limited amount of time to respond to that one as well. I've been pretty heartsick about all this as well as worried for my wife's health. We are so poor right now and I really don't know what to do at this point. I never intended for this to happen like this. The pressure is a lot and mounting more each day. Just trying to survive...

    I would appreciate any response, I hope there are answers out there for us, because we love each other dearly and we are still holding on.
    Thanks in advance for any advice or help. If you have any questions about things I may have missed pointing out, feel free.

    Warm Regards.

  • #2
    When I originally brought my wife to the USA on a K-3 visa in 2004, I had every intention of promptly filing all her paperwork, adjusting status and getting work permit, etc.. Those plans have been on hold ever since my wife's illness and repeated hospital visits have kept us too poor to file anything. Even though we have insurance, it wasn't enough to cover all the expenses, and in some instances, the insurance didn't pay any part of the bill. My wife has a rare neurovascular disease called Moyamoya, but it was a long time before it was finally diagnosed and we have spent many nights in the emergency rooms with her TIAs and seizures since she has been here in the USA. In January 2006, She had brain surgery (STA-MCA bypass) on both sides to remedy the occluded carotid arteries at Stanford Medical University Hospital. After the surgery, we planned on filing the Adjustment of Status, but I kept getting my wages garnished by this time, so we planned to do the AOS when we filed our income taxes and use the income tax to pay for te AOS, but I had missed a lot of work from having to go to another state for 1 1/2 months for her surgeries, so we came in below the required income guidelines and we don't have anyone to co-sponsor. By this time her K-3 has long expired and we are concerned about that as well. My wife wanted to try working to help with meeting the income guidelines and had job offers. I called the USCIS helpline and told them about our plan to get her working to help meet the minimum income guideline and told them of her status, and that her k-3 is expired. The guy on the phone told me that I could file the I-765 and that it stood on its own and didn't need to file it along with the I-485. I just got a notice in the mail from USCIS that since we did not file an I-485, they cannot verify the applicant's eligibility for employment authorization card. I guess the guy was wrong.

    Matters became even more complicated for us when we found out my wife was pregnant again in May of this year, it wasn't intentional, but it happened, and her neurologist said that she should be okay to have the baby especially since she over a year post surgery. As the pregnancy has progressed however, she has had increasing difficulties with both the pregnancy and the moyamoya, she's considered a high risk pregnancy, I now take her in to the hospital on average of 2 times per week. Missing work on top of being garnished has taken a serious toll on us and our ability to survive. I originally tried to keep up on all the payment arrangements to keep the garnishments at bay, but there were too many to keep up with. I work at a retailer, and my original take home pay was around $640 every 2 weeks. Now with garnishments and missed earnings, my take home pay has been around $170 every 2 weeks. I have been having to make the decision whether to feed my family or to pay bills. I know that the Affidavit of Support states that if we go on public assistance, or file bankruptcy, that I will become ineligible as her sponsor. We are now in survival mode, I've had to swallow every bit of my pride as well as take my chances with the immigration thing, and do something I never thought I'd have to do, and that is ask for public assistance because we are about to lose everything anyway. My wife is afraid that she will be deported and is having a nervous breakdown which isn't helping her illness... I guess I'm scared too. I don't know what will happen next, and I don't know what to do. I see we just got a letter from the National Visa Center asking if we intend on pursuing an immigrant visa and we have a very limited amount of time to respond to that one as well. I've been pretty heartsick about all this as well as worried for my wife's health. We are so poor right now and I really don't know what to do at this point. I never intended for this to happen like this. The pressure is a lot and mounting more each day. Just trying to survive...

    I would appreciate any response, I hope there are answers out there for us, because we love each other dearly and we are still holding on.
    Thanks in advance for any advice or help. If you have any questions about things I may have missed pointing out, feel free.

    Warm Regards.

    Comment


    • #3
      Filmont - it seems that you have two problems filing I-485. One is that your wife needs to have another medical exam (the old one expired) and she isn't likely to pass it. The second is the AOS and the real possibility that she becomes "a public charge" automatically disqualifying her from adjustment of status.

      Although you must be very busy working and taking care of your wife, you need to find out all possible humanitarian organizations in your area specializing in immigration matters, such as Catholic Immigration Center or Lutheran Immigration and Refugee Service. I'm sure that someone will help you in your difficult situation.

      Good luck.

      Comment


      • #4
        Thanks for the reply Verbalist. My wife had already had and passed the medical exam as of april of this year. we were trying to beat the deadline before the Adjustment of Status rates went up, but we didn't raise the money in time.

        We are not looking for her to become a public charge as I only view our situation as temporary. As temporary as it is, I'm afraid our time is running out. I just want to find a way to give us enough time to get the money together and qualify on the affidavit of support.

        I should also add that we live in a small community in Montana, and we don't have the immigration services and groups to help us here. I've already looked around. Hardly anyone here has any experience at all with immigration.

        Comment


        • #5
          Filmont - here is the link for "Fee Waivers".

          http://www.uscis.gov/portal/site/uscis/menuitem.5600b9f...archQuery=fee+waiver

          Look under: Field Guidance on Granting Fee Waivers Pursuant to 8 CFR 103.7(c). In your circumstances I think a waiver would be approved and your desperate situation taken into account. This would enable you to file without any payment of fees.

          Comment


          • #6
            Thanks for all your responses, I'm checking it all out right now. Thanks again! Salamat Po!

            Comment

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