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Help Lawyers! Unlawful Presence

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  • Help Lawyers! Unlawful Presence

    I got married 1 week before my K1-visa expired,then we filed the AOS on February 2002. I know that I was out of status for 4 months. Since my husband is on welfare, we're afraid of being denied at my AOS. Now here's my question.

    If one accrues 4 months of unlawful presence only to fall out of status again after being in status for a time, does the new time of unlawful presence tack on to the previous time of 4 months?

    Also, does the INS employ computer matching to find out if a sponsor has been on a means-tested program in the past 3 years?

    Thanks,

    Claire

  • #2
    I got married 1 week before my K1-visa expired,then we filed the AOS on February 2002. I know that I was out of status for 4 months. Since my husband is on welfare, we're afraid of being denied at my AOS. Now here's my question.

    If one accrues 4 months of unlawful presence only to fall out of status again after being in status for a time, does the new time of unlawful presence tack on to the previous time of 4 months?

    Also, does the INS employ computer matching to find out if a sponsor has been on a means-tested program in the past 3 years?

    Thanks,

    Claire

    Comment


    • #3
      The fact that you were out of status for 4 months before filing your application won't matter.

      The question is though: your husband has to prove that he can support you at 125% of the poverty level. If he can't, you need a co-sponsor. Did you have one when you filed?

      The INS will ask for pay stubs and everything to verify the level of income that you say you are getting.

      Does that help?

      Comment


      • #4
        Not to mention Tax returns for the 3 past years.

        Comment


        • #5
          My husband has no tax returns since he's still a student receiving scholarship and grants. I am too is not working since I have to take care of him of his disability.

          We were thinking if we can submit a new I-864 with a co-sponsor during the AOS interview or not to attend at all until he'll be able to work (which I doubt since he's disable).

          We don't know what to do.

          Comment


          • #6
            If you can't attend the interview, you need to let them know. Just not showing up will get deported.

            I'm not sure how it will work since he's a student, hopefully someone will have an idea on this board.

            Comment


            • #7
              Hopefully, when you filed for your AOS you also filed for your temporary EAD. This gives you permission to work. The INS will count your income on the I864.

              My husband got a job immediatly after receiving his EAD card and we submitted a new I864 with his income on it. A Joint sponsor is the best way to go if you are not sure wether you will be making enough money to take up the difference in the requirement. The INS is most concerned with the tax year prior to the AOS appointment, and the job you have when the interview comes up.

              It can take up to 2 years sometimes longer for the appointment for AOS interview. We used that time to gather evidence together of a bonafide marriage and to find jobs that helped meet the income level. I still needed my mother to co-sponsor. She filled out an I864A This was a tremendous help. Good luck to you.

              Comment


              • #8
                The reason why we don't have a co-sponsor at first, was because that time, aside from SSI, he was in school and receiving scholarship so he made his scholarship as his income which above the poverty.

                Now that my husband is home bound, we don't have any income but just the SSI.

                Comment


                • #9
                  Clair,
                  Is there some phyical reason that you are unable to work? I don't want to be the bearer of bad news, but if you don't get a joint sponsor and you don't go to work, (if your husband can't work) the INS will send you home. It would be a tragic thing to have happen. Please think about getting a job and a joint sponsor so that you do not have to face deportation at a later date. You have time if you just filed your AOS. If you submit an I765 now, then you will have a good chance of being employed before the interview comes up. The stories I have read are tragic. I can't even begin to imagine having my husband ripped from me and sent away. You have to do everything in your power to see that this INS interview goes well and is put behind you sucessfully. I hope his parents are able to be joint sponsors. This is really the best situation to have. Parents are usually solid. Your job will be counted also. Good luck.

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