Legal Question in Immigration Law in California
I am a British subject but up until recently lived in South Africa. I met my American born husband when he hired me to do some editing work for him. I'm a writer. We fell in love and conducted a long distance relationship for 5 years (I've spent the last five years flying backwards and forwards between the two countries). In 2008 he convinced me to move here as his divorce was close to being finalized (He'd been in the process of this divorce when we first met but it was a long messy process). I packed up everything and moved here but entered the country under the Visa Waiver program as I usually did. I consulted with an Immigration attorney and was told that I should go ahead and get married the moment the divorce came through and then apply for a change of status and I'd get a green card 3 months later. His divorce finally came through and we got married at the County Clerk's office. Then the bombshell dropped. He's in massive debt and in danger of losing his house and he can't even pay his ex wife the settlement he owes her. On top of this he hasn't filed taxes in years. I was told by the attorney that in order for me to get my change of status, he'd need to have his taxes up to date. He kept on telling me to hold on and said he'd get it all sorted out. I've now been in the country for 16 months, 13 months longer than I was supposed to be here and I'm worried sick about all this. I never wanted to do anything illegally but feel like I'm an illegal immigrant at this point. I feel trapped and am desperate for help. To add to my woes, I have a 17-year-old son who turns 18 in February who is still in South Africa and had we been able to get my paperwork sorted out, I would have been able to put him on my green card and get him here to live with me. I'm so upset about all this I have considered leaving the country but I can't afford the ticket and even if I do leave, I believe that I risk a ten year ban. What can I do about this horrible situation? I love my husband and am prepared to support him through his financial crisis but I'm scared out of my wits.
4 Answers from Attorneys
Your husband is required to file an I-864 affidavit of support when he sponsors your green card application.
However, if he doesn't have enough income to support you, you can find a co-sponsor for your green card case.
We suggest you to consult with an immigration attorney.
You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.
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Your husband has to petition for you, so you can concurrently apply for adjustment of status (green card). Your husband can also petition for your son who is currently abroad (because he was under 18 at the time of marriage, as I understand). You cannot "put your son on your green card". He needs to be petitioned separately.
That's correct that your husband needs to sponsor both you and your son. To do so, he will have to execute the Affidavit of support. As supporting evidence, he is required to prove that he paid taxes, his current income is above federal poverty guidelines and sufficient to sponsor you and your son. A joint sponsor can be required if he doesn't earn enough.
Does he work? What is his yearly income? Is it verifiable income (W-2 forms)? Why didn't he file taxes?
Yes, you are out of status, and if you depart the country, you'll trigger a 10-year inadmissibility bar, therefore, it's extremely important to solve this as soon as possible and obtain a green card.
If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.
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I'd recommend that you consult with an immigration attorney to get this sorted out. He may still file for you, as your husband, and as part of the process, he'll also have to complete an affidavit of support. If he doesn't have the income to support you and your son, then you can find a co-sponsor. The required income the sponsor must make depends on the number of people in the household and number of dependents he is supporting. You may contact our office at 415-387-1364 for further information.
Interesting answers to a very distressing situation. You do need a competent lawyer to assist immediately with the AOS problems. Foremost seems to be the affidavit of support. Assets can be pledged and other relatives may file an I-864A to assist the petitioner. You may wish to explore an action against the first "immigration" lawyer since I believe that he/she had a duty to explore the ability of the petitioner to meet the affidavit of support income/poverty guidelines. since you seemed to have relied on his/her advice in initiating the process. Has your husband adopted your son--a factor to consider in petitioning for him. Finally, it is absurd to give a 3 month timeline for a petition and AOS.
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