QUESTION

I am U.S. citizen. I am married to a guy who came here as a student. We applied for adjustment of status. He is working here illegally for living.

Asked on Mar 20th, 2012 on Immigration - West Virginia
More details to this question:
When i summit I-864 form , my income was not enough so i put both of our income which was more than poverty level. But the immigration said my husband income is not lawful, so they rejected I 864 and they are asking for more income and co-sponsor. My income is not enough and i don''t have any co-sponsor. so what can i do to get this approve? Immigration is asking to summit all document by 45 days. His driving license and visa are going to expire soon.
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1 ANSWER

Immigration Attorney serving Omaha, NE at Curley Immigration Law, PC LLO
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Thank you for your message.  I highly recommend that you find a joint sponsor who can be anyone - relative, friend, co-worker, employer - who is a U.S. citizen or permanent resident.  The joint sponsor does not have to live in your community so a family member or friend living in another state can be the joint sponsor. To determine if the joint sponsor has sufficient income, check the poverty guidelines at www.uscis.gov/files/form/i-864p.pdf for the necessary income levels.  The joint sponsor must count everyone who he or she claims on his or her income tax return plus one more for your husband. If a joint sponsor is completely out of the question, then you need to increase your income or your husband needs to find lawful employment.  Did your husband request a temporary work permit when you applied for adjustment of status?  If so, then his employment is now lawful and it can be counted.  If he did not request a temporary work permit, he should do so.   If you are not able to satisfy USCIS within 45 days, you can ask for an extension, but extensions are rarely given in such situations.  The application could be denied and your husband could be referred to Immigration Court for deportation proceedings.  In Immigration Court, he can renew his request for adjustment of status based on your marriage. I recommend that you contact an experienced immigration attorney to assist you. Good luck, Mark J. Curley Curley Immigration Law Office. www.curleylawoffice.com
Answered on Apr 03rd, 2012 at 11:47 AM

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