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Old 03-01-2009, 12:47 PM
 
1 posts, read 6,691 times
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I am from the UK and got married over 60 days after entering the US on a waiver visa. My problem is that my wife can not sponsor me as she has not earned enough in the last few years. I live with her and her brother. Her brother has earned enough to sponsor me but i would like to know if that is at all possible.

Anybodys help is much appreciated.
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Old 03-01-2009, 11:48 PM
 
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Apply for an exception in the the affidafit of support. It luks like I-130 didn't go thru since INS needs more bucks evidence from you. Brother petition takes 15-20 yrs. What is ur waiver visa? Fiance visa, but u said ur married already? CR1? I can't guess since there's a lot of possibilities.
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Old 03-01-2009, 11:54 PM
 
Location: Fort Worth, Texas
10,749 posts, read 33,037,488 times
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Your also going to have to address the fact you overstayed your Visa, BEFORE 911 that was a problem, I have heard since then its a BIG DEAL. I was married to an Englishman who overstayed his visa and there was a fine involved etc.

THEN you have Immigration coming to visit for 5 years to make sure you really are married.
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Old 03-02-2009, 08:09 AM
 
Location: Naptowne, Alaska
15,598 posts, read 36,487,071 times
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Good luck to you and yours. I'm currently awaiting word when my spouse can return. She's waiting out processing back in her country of origin. We have heard from them informing us they have got our paperwork and we are in processing...but like they said...it could be 4 to 12 months.
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Old 04-24-2009, 12:43 PM
 
135 posts, read 521,275 times
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Your brother can function as a co-sponsor, similar to co-signing a lease or contract (he agrees to re pay the government if the government ends up paying for you).

You only need to prove legal entry if you marry a US Citizen, 245i suffices as well.

You should consider hiring an immigration lawyer.
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Old 04-24-2009, 02:15 PM
 
549 posts, read 1,565,920 times
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Quote:
Originally Posted by qtrax View Post
I am from the UK and got married over 60 days after entering the US on a waiver visa. My problem is that my wife can not sponsor me as she has not earned enough in the last few years. I live with her and her brother. Her brother has earned enough to sponsor me but i would like to know if that is at all possible.

Anybodys help is much appreciated.

If she has a savings account with over $28,000 you dont need an sponsor. That was the amount in 2002...I dont know the amount in 2009. Ask your immigration lawyer.
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Old 04-24-2009, 11:59 PM
 
Location: Houston
3,567 posts, read 4,276,289 times
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Any U.S. citizen can be your sponsor. It's also noted on te form I-875. He means the Visa Waiver Program. YOu can adjust your status here in the U.S. You do not have to return.

If there's no income or less than required, you must prove that you have 3 times in cash of the difference.

P.S. You do not have to prove enough income for the last years. If she makes enough NOW , then that is also sufficient. And don't hire a lawyer... waste of money. We did it alone, so you can do it too.
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Old 04-25-2009, 10:26 AM
 
Location: UK
298 posts, read 940,882 times
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Quote:
Originally Posted by Lindsey_Mcfarren View Post
Your also going to have to address the fact you overstayed your Visa, BEFORE 911 that was a problem, I have heard since then its a BIG DEAL. I was married to an Englishman who overstayed his visa and there was a fine involved etc.

THEN you have Immigration coming to visit for 5 years to make sure you really are married.
If they are only recently married he hasn't overstayed his visa. You get 90 days on a Visa waiver.
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Old 04-25-2009, 11:07 AM
 
47,531 posts, read 63,700,855 times
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Quote:
Originally Posted by qtrax View Post
I am from the UK and got married over 60 days after entering the US on a waiver visa. My problem is that my wife can not sponsor me as she has not earned enough in the last few years. I live with her and her brother. Her brother has earned enough to sponsor me but i would like to know if that is at all possible.

Anybodys help is much appreciated.

Couldn't your employer sponsor you?
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Old 04-25-2009, 11:50 AM
 
Location: Simpsonville SC
46 posts, read 132,732 times
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Quote:
Originally Posted by malamute View Post
Couldn't your employer sponsor you?
Hopefully you're not working, cos if you are then you're working illegally (can't work untill you gets your green card).
I'm a brit, ex-wife is from US but we married in the UK and lived there together for 3 years before she got homesick and we moved here, even then it took nearly 8 months to get my visa before I could emmigrate. You might find that INS makes you return to the UK and apply for a visa from there - that would be sticking to the letter of the law. INS doesn't like people using the visa waiver program to do things like getting married here, it looks too much like you're trying to circumvent the immigration laws.
Would your wife consider moving to the UK (temporarily), it's slightly easier for her to get a visa to live there, once you've been together for a couple of years (and saved a bit) you could then come back to the US?
Whatever you decide make sure you keep the INS fully informed, even someone who does everything right and gets his/her visa etc can be refused entry for no reason. As the INS guy at the US Embassy in London said to me, when you arrive in the US be as polite as you can be, use 'sir' and 'maam' when you talk to the immigration officials at your port of entry and whatever you do, don't get your visa package (big brown envelope) crumpled, if it looks like you even attempted to open it yourself you'll be on the next plane back to the UK!
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