ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 10 of 10

Thread: Sammy, please advise

  1. #1
    Hello, Sammy. I am addressing this message to you because I've read your detailed and helpful explanations for other people. I really need good advice now and I don't know who to talk to. The situation is as follows: I came to the US in 2000 on a K-2 visa. My mother had married my stepfather, and I filed my I-485 form. Unfortunately, I aged out (we didn't have them expedite the application because we had no idea that aging out was possible). Since the CSPA does not apply to K-2s, I married my b/f who is a USC (we had been dating for 6 months). When we filed I-485, my parents co-signed affidavit of support because we were both students.
    We had our initial interview in February, and later got a letter stating that we need to have additional income or assets and to update the tax information. Everything would be okay since my parents could provide assets, but my husband and I had a fight and I left him. Now, my stepfather doesn't want to update the affidavit of support. But we are still in love and want to be together.
    My question is: If my stepfather does not change his mind, should we withdraw the application or should we go to the interview regardless? Also, I am a senior graduating in December. If we withdraw the application or if they deny it due to insufficient income, could they deport me before December? Or would thet give me 180 days to leave the country?
    I would really appreciate your advice.

  2. #2
    Hello, Sammy. I am addressing this message to you because I've read your detailed and helpful explanations for other people. I really need good advice now and I don't know who to talk to. The situation is as follows: I came to the US in 2000 on a K-2 visa. My mother had married my stepfather, and I filed my I-485 form. Unfortunately, I aged out (we didn't have them expedite the application because we had no idea that aging out was possible). Since the CSPA does not apply to K-2s, I married my b/f who is a USC (we had been dating for 6 months). When we filed I-485, my parents co-signed affidavit of support because we were both students.
    We had our initial interview in February, and later got a letter stating that we need to have additional income or assets and to update the tax information. Everything would be okay since my parents could provide assets, but my husband and I had a fight and I left him. Now, my stepfather doesn't want to update the affidavit of support. But we are still in love and want to be together.
    My question is: If my stepfather does not change his mind, should we withdraw the application or should we go to the interview regardless? Also, I am a senior graduating in December. If we withdraw the application or if they deny it due to insufficient income, could they deport me before December? Or would thet give me 180 days to leave the country?
    I would really appreciate your advice.

  3. #3
    CSPA = Child Status Protection Act.

  4. #4
    Yes, I was referring to the Child Status Protection Act.
    I can get back together with my husband, but the problem is that my stepfather does not want to help us anymore because he thinks that I am unhappy in this marriage. I asked my husband if his parents would become co-sponsors, but for some reason he doesn't even want to ask them to. In the meantime, I don't know what to do. I was also wondering if I would het at least 180 days if we withdrew the application or if they denied it.

  5. #5
    JohnDoe, the problem with my mother signing is that she alone does not meet the income requirements. I asked my husband if his parents would sign, but doesn't even want to ask them, which makes me upset with him. I didn't marry him in order to adjust status, I was seeing him before I found out about the aging-out problem. And now he makes me feel like it is only responsibility to find a co-sponsor. I love him, but I am disappointed that he doesn't want to do anything about this situation.

  6. #6
    Well, my stepfather still does not want to help, and my husband doesn't want to ask his parents for help. I don't know if it would be better to go to the interview anyway or if withdrwaing the application would be a better idea.

  7. #7
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    Brenda:

    You said that AFTER your initial interview in February, you received a letter from USCIS stating that you need to have additional income or assets, and that letter also indicated that you need to provide updated tax information, but did you realize that we are in a month of June now. A four months gaps since you were interviewed in February. The letter (REF) that you received from USCIS must have indicated specific days to furnish that information to USCIS. Usually, 60 or 90 days. If someone doesn't respond within the specific/given time then case gets DENIED. You cannot choose your own timeframe to respond a REF. I don't know what is the use of asking about this information now when time is already over unless there is something you haven't said clearly here.

    Secondly, I just cannot understand WHY your stepfather doesn't want to provide you the updated Affidavit of Support. Even though you had a fight with your husband, so what???? Every relationship has some kind of relationship problems at time. Doesn't he know that? Your stepfather should not back out to help you out. Doesn't your stepfather understand that by providing updated Affidavit of Support he would be helping and saving you from deportation and not your husband? Then why is he holding your future in the excuse of your rocky relationship? He should also know that you guys are still young, which means-you might not handle the relationship problems like matured people. And even if he believes that you are not happy in the marriage, yet still he having providing updated Affidavit of Support form has nothing to do with unhappiness of you in your marriage; instead it has to do with your life in America. Besides, if he believes that you are not happy in the marriage then he should arrange some kind of marriage counselling/therepy for you than playing with your life by not helping for immigration purpose. If your marriage still won't work out after all the efforts would be taken to save it then you can get out of the marriage, but what your immigration status situation has to do with your marriage. It seems to me that your stepfather doesn't care about you; otherwise he would have done anything to make you legal regardless you had a fight with your husband or not. It also proves that your stepfather doesn't love you as well (of course, fatherly love); otherwise as far as I'm concerned-"Love is merely an empty concept unless you bring it alive through action".

    You also said that you CAN get together with your husband. Does it mean you guys are not together yet? Whether you are in love or not with your husband, if you wish to live in this country then you need to make sure to arrange updated Affidavit of Support, one way or another. If not from your stepfather then from someone else. You are seemed to be either a very young person or a naïve one who doesn't know that it is all about your life and not about anyone else. That said, you should do anything to get succeed in arranging updated Affidavit of Support. Try to talk to your mom so that she might talk to your stepfather when he is in a "good mood". Or you may talk to him directly and try to make him understand that if he wouldn't provide the required documents then you will be deported and not your husband. Try to explain him that this is not about your husband; instead it is about you and your future in this country. You may also think to teach/give some love-lessons to your stepfather. You should tell him that-"There isn't any formula or method. You learn to love by loving". You should also tell him that-"It is only with the heart that one can see rightly; what is essential is invisible to the eye". Who knows he may finally realize that you guys are still in love. This way, he might offer to help you.

    To answer to your specific questions- it wouldn't matter whether you withdraw your application or if you would go to interview without required documents. Because in either situation, your application would get DENIED. That means- you wouldn't have any right to live here. USCIS won't come your home to catch you in order to deport you; instead they will just send you a denial letter that would also say that you need to leave the country. Most of times, they don't specify number of days when an alien should be departing from US, but other times they give only 30 days to depart. But they never give 180 days to someone to leave the country. And why should they give such a long time? So that you can finish your on-going studies? It doesn't work that way. It doesn't matter to them even if you would be fighting for your life being in the hospital. The bottom line is- you would be out of status then. And if you don't depart from the United States and somehow you come in contact with either USCIS or law enforcement agencies then your unlawful status would be known and then you would be detained subject to deportation.

    If I were you, I won't take this situation for granted and I would try my best to find someone else who could help me in this issue of Affidavit of Support particularly when my life is on stake. It has nothing to do how unhappy you are in the marriage or whether or not you are in love with your husband at this time. Find some friends or their parents or anyone else who can help you in this. And your husband should do the same if he really loves you and wants to be together with you. I know that it would be hard to find someone for this, but you must have to give 100% efforts if you really wish to live in this country unless you wanna think that your stay in the United States was just like having gone to Disney for fun. There is something doesn't seem right to me. I mean-why your husband doesn't want to ask for help from his parents? Doesn't he love you? Or doesn't he want to be together with you? Otherwise, he should do anything and everything to make you leagl so that he could stay with you here. I think you should re-evaluate your marriage also by keeping logevity of the marriage. Now, you know the answers to your questions. If you have any further question, don't hesistate to post here. I'm sure someone would help you here, but I won't be that 'helping hand' since I don't visit here anymore.

    By the way, who are you? I mean- who REALLY you are? A young girl???? Having good grasp on English being young and immigrant??? Having known me from the past????? And then creating a thread specifically in my name when I don't even post here anymore then it's all seemed very strange and kinda fishy to me as if you are a person in disguise.

    Nevertheless, your name reminds me of a very special person whom I previously met from here and who has been a very dear to me ever since being very close to my heart. "Life is too short not to be romantic". I would like to say to this person if she is reading this that- "In every bunch there's one who stands out-and you are that one." Also, "Forget-me-not while I'm away from you. You are never far away from my thoughts as you're always in my heart."

    Take care, Brenda. I wish you all the best.

    "We don't stop playing because we grow old; we grow old because we stop playing."

  8. #8
    REF?

    Research Education Foundation
    Real Estate Finance
    Regional Employment Forum
    Real Estate Fund
    Rural Electrification Fund
    Regional Environmental Forum
    RNA Export Factor
    Radiology Education Foundation
    Rubber Elongation Factor
    Russian Elite Forces
    Renewable Energy Foundation
    restriction endonuclease fingerprinting
    Radiation Effects Facility
    Raptor Education Foundation
    Rule Execution Facility
    Rapid Equipping Force
    Referring
    Refugee
    Review of Environmental Factors
    Referee
    Radiant Electric Fire
    Radio-Engineering Faculty
    Rapid Equipment Fielding
    Rapid Equipping Force
    Research Exploration Framework
    Robotech Expeditionary Forces
    Row Echelon Form

    It's an RFE. That's all folks!
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  9. #9
    Hello, Sammy. In case you visit this discussion board, Ijust want to thank you for answering my questions. Unfortunately (or fortunately), I am not the person you are thinking of, I just happened to use this nickname.

  10. #10
    Hi dearest Sammy:

    First time I've been on ILW in months. You are not forgotten.
    Formerly Josephine Schmo

Similar Threads

  1. Sammy, please just a very quick tidbit of advise?
    By Glhbirne in forum Immigration Discussion
    Replies: 3
    Last Post: 11-19-2003, 04:31 PM
  2. SAMMY, UMESH, ME2, ADVISE 2 or anybody, please help!
    By laurel in forum Immigration Discussion
    Replies: 5
    Last Post: 08-17-2003, 07:29 PM
  3. To Sammy,Please Advise
    By in forum Immigration Discussion
    Replies: 7
    Last Post: 08-11-2003, 03:22 PM
  4. Replies: 2
    Last Post: 08-08-2003, 12:15 PM
  5. need an advise
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 07-15-2003, 02:31 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: