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  • married but poor

    i recently got married to my USA fiancee and going through change of status. we have everything we need . legal entry, documents, and a very legal marriage.

    my question is hes on disability and does not make above the poverty line. will this stop me from getting my status? my daughter a teen is now in school here and adjusting well. we have no where to go if we return to canada now.
    plus i dont want for us to be away from my husband. he cant come to canada. \

    is there a way around this clause?

  • #2
    i recently got married to my USA fiancee and going through change of status. we have everything we need . legal entry, documents, and a very legal marriage.

    my question is hes on disability and does not make above the poverty line. will this stop me from getting my status? my daughter a teen is now in school here and adjusting well. we have no where to go if we return to canada now.
    plus i dont want for us to be away from my husband. he cant come to canada. \

    is there a way around this clause?

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    • #3
      I think you can find a co-sponsor who can provide sufficient financial support.

      Comment


      • #4
        i dont know many pple here yet. we are managing though and im not wanting him to support me totally willing and able to get a job to help out

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        • #5
          You still need to meet this requirement.

          And as far as I know there are no ways around this.

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          • #6
            I was also told by a lawyer and the INS that there is no way around the income requirement. I find the INS rules about this extremely unfair and would like to know if writing to congress would help and where do i write to. They say you can have a co or joint sponsor but that sponsor has to have the minimum requirement as well which makes me wonder why it is called co or joint since that person really would be the sole sponsor. My dictionary says co means "with", "together", "joint". To me joint, with, together means my co-sponsor and I should be able to add our money together. This is my situation since my co-sponsor won't have enough money for this year. He and his wife, my best friends want us all to live together as a family and share all the expenses but the INS doesn't allow this. Together, we would have enough for the poverty guidelines for four people. I am on disability as well and it seems totally unfair that i should be punished because i suffered and injury and have had a bad three years. I am even willing to go back to my old job and possibly risk my health to have my love here but that isn't a guarantee either. And what's really frustrating is that he has his father to help us if we should need it although I know we won't. We have plenty of help. Again, the INS doesn't care. I would love to change these laws instead of just complain about them but I am not politically inclined so I don't know how. All I know is that they need to re-word this rule. Check the dictionary for what "co" and "joint" means. Thanks for reading this.

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            • #7
              Vika, by all means write to Congress. There are elections coming up soon here in North Carolina, and not a single candidate is mentioning immigration. They're arguing about taxes and doing a lot of mud-slinging. We all need to keep reminding our representatives that this is an important issue and one they must act on.

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              • #8
                usanewbie: Why can't you get a job? If you have been living with your spouse for 6 months you can work and add to the household income limit. (i-864a)

                I know this income requirement ***** as I am barely working myself and have to worry about this requirement myself.

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                • #9
                  i am willing to work but i cant till i get my green card which i will get with change of status

                  i know seems so unfair my husband is not allowed to support us as he does now. I plan to work too once i can. its descrimination he cant get married and live with his wife ( me ) just cause hes born disabled.

                  so what ur saying im living with him now going through the paperwork but cause hes below the line i will have to move back to my country cause INS sees his income not the love we share?

                  Comment


                  • #10
                    If you are a Canadian citizen, you can find a job here and apply for TN visa:

                    http://travel.state.gov/tn_visas.html

                    Then you can add your income to the household income. However, I am not sure if you can obtain the visa here or if it has to be obtained at the port of entry.

                    Comment


                    • #11
                      A TN visa wouldn't work for her because she is canadian and it states clearly...

                      Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the Immigration and Naturalization Service (INS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary.

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                      • #12
                        Yes that's true. But after she has the TN visa, can't she adjust her status here? I have Canadian friend who came here to work on TN visa, then later applied for H1B (and is in the process of applying for green card).

                        Even if they don't allow AOS on TN (which is the part I am not sure about), she can ask her employer to sponsor her for H1B, and then apply the AOS from there.

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                        • #13
                          It is true that they allow change of status, however they will not grant her a TN visa unless they know her work in the status is orginally temporary, least from what I read. Which thus makes her ineligable as she is married to a USC, so they would know her intent was not purely temp.

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                          • #14
                            Usanewbie, doesn't your husband have a family? They might be able to help as co-sponsors... I also read recently at another discussion board, that the poverty guidelines have only to be met at the time of the interview for AOS. Once you file for AOS (even with insufficient income) you will be granted a work permit (EAD) and then you can start working, file joint tax returns and eventually meet the income requirements at the time of the interview.
                            Good luck!

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                            • #15
                              THANK YOU all so much. i feel alot better now and am not worried about getting deported because of this matter. i wasnt sure if my income on a temporary green card i get as soon as i apply would be added to the income. this is the only glitch we have as i know it for staying together.

                              we can talk to family members too if need be. i only learned about this income rule in this room.

                              i like this room as they are others to talk to and help sort out the questions i have.

                              i.ll just be glad when this is all over and i can start living without this hanging over my head

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