How long can I wait to file adjustment of status due to lack of finances? - Immigration Law Questions and Answers- LawQA.com

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How long can I wait to file adjustment of status due to lack of finances?

I arrived in the US in January 2013 on the VWP from England with every intent on leaving after visiting my then fiance. I had a job to return to, bills to pay and commitments in England. My then fiance was returning after serving in the US Army for 8 years and is now in the Reserves and in school. I was due to stay for 6 weeks. I'd already booked the return flight before I started the new job in November 2012 so my boss had to honor it. But we decided to get married instead and did so in March 2013. We were married by the LDS state president at the time, he's a friend of my in-laws, two days after we decided. We now have a home with a mortgage, bills, a joint bank, pets. We share the same friends, both Army and civilian. My question is, how long is too long to wait to file adjustment of status? I'm long out of status from my VWP and I'm getting worried. Right now we don't have the funds to file and may not for a few more months. Sorry it's a bit long winded, I'm just worried.


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Although, it may be overcome, your manner of entry into the US under VWP poses some issues to your eligibility to adjust status [green card] Because, any green card application that you may now file will be after the expiry of your VWP status, your eligibility to adjust status now will be at the sole discretion of DHS. Next, even if DHS favorably exercise discretion in your case, your case may still be denied if DHS concludes that you are likely to go on welfare. But without knowing more about your situation, I suggest that you try and get the necessary funds including filing and attorneys fees and file your application right away. Because your application will be filed concurrently with an application for work permit, you should be able to obtain CIS permission to work within 90 days of filing your papers.

Answer Applies to: New York
Replied: 1/18/2014

Mulder Law office, PA
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You are free to file at anytime. Your spouse must meet the financial requirements in order to sponsor you. If he does not qualify he will need a co or joint sponsor. There is no exception to this rule.

Answer Applies to: Florida
Replied: 1/17/2014

Answer By Linda Fessler

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You should be worried. You are here illegally, cannot support yourself and have not even tried to rectify the situation. You should have gone home and gotten a fiance visa BEFORE you were married.

Answer Applies to: California
Replied: 1/16/2014

Vladimir Parizher
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I suggest you look for in-laws to help you out in your situation, if you feel your situation will improve someday. They could be your husband's co-sponsors. And, I gather, your husband has not yet petitioned for you on I-130 either. I believe, nobody would be 100% certain or truthful to tell you how long is good enough. You already violated the law. I would suggest: petition should be filed the sooner the better, if you value your marriage.

Answer Applies to: California
Replied: 1/16/2014

Theresa E. Tilton, Attorney at Law
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To avoid deportation proceedings, you need to immediately consult with an attorney and work on your immigration status. According to a recent policy memo from USCIS, you were supposed to apply for adjustment of status within ninety days of the end of your permitted stay on the visa waiver. You are now accumulating "unlawful presence".

Answer Applies to: Washington
Replied: 1/16/2014

Answer By Bill T. Klein
Law Office of Bill Travis Klein
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I'm assuming that your wife has already filed the petition but she can not show sufficient income to submit the affidavit of support and you are current out of status in the U.S. There is no set time limit but if you are caught you could be sent to immigration court to be removed from the U.S. Once you file your adjustment of status you should be okay. Talk with an Immigration Attorney that explain the process and help you with the paperwork once the attorney has the details on your case.

Answer Applies to: California
Replied: 1/16/2014

Christian Schmidt, Attorney at Law
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I recommend filing as soon as possible since you can be subject to deportation proceedings because your authorized stay expired. You will not have a right to a hearing before an Immigration Judge where you could apply for a green card despite deportation proceedings. It will be too late to apply once you are in proceedings because the Immigration Service cannot accept your adjustment application once proceedings commenced.

Answer Applies to: California
Replied: 1/16/2014

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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There is no timeframe during which you must file for adjustment of status. However, the longer you remain in the United States without status, the increased risk you have of being placed in removal proceedings, which will only add to the costs.

Answer Applies to: New York
Replied: 1/16/2014

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