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DAP Forums > DREAM Act > The Lounge

Need urgent help! Overstay to AOS

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#1
04-24-2019, 03:06 PM
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Hello everyone,



Here is a quick little background on my issue:



I'm a visa overstay, I arrived into the country legally in 1996 with my parents and was inspected and have my i-94 record. Fast forward to today I'm 28 and have now been married to my US citizen wife for around 4 months. I'm doing a concurrent filling and have our i-130, i-130a. i-485, and i-765 ready to go.



My issue arises with my i-864 im not sure if i should include my income here or not since im currently working without proper authorization. My wife makes enough to cover the poverty line requirements, but I'm not sure what to do as far as my income because i told the truth on my other forms and listed my current employer and answered yes to if i have worked without proper authorization and included and explanation. Can someone please advise me? Thank you.
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#2
04-24-2019, 03:44 PM
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Are you on DACA? If you have daca you’re working legally. Otherwise, You can’t include income where you aren’t authorized, you can only include your wife’s. Otherwise I don’t see it being an issue for the other forms
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#3
04-24-2019, 03:51 PM
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I was on DACA until 2014, was denied after trying to renew. Have been working without proper authorization for almost a year now unfortunately due to financial needs.
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#4
04-24-2019, 04:07 PM
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Quote:
Originally Posted by AdrianHero View Post
I was on DACA until 2014, was denied after trying to renew. Have been working without proper authorization for almost a year now unfortunately due to financial needs.
Yeah I would not put that income down. You should get a lawyer given your history.
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#5
04-24-2019, 04:16 PM
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Quote:
Originally Posted by JohannBernoulli1667 View Post
Yeah I would not put that income down. You should get a lawyer given your history.
Honestly I wish I could afford it, but I spent over 10k worth of my savings with an attorney back in 2014 with my daca renewal. My wife and I have dated for about 2 years and married for 4 now. Shes a citizen and from my understanding the unauthorized work shouldnt be an issue due to this.
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#6
04-24-2019, 05:20 PM
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Quote:
Originally Posted by AdrianHero View Post
I was on DACA until 2014, was denied after trying to renew. Have been working without proper authorization for almost a year now unfortunately due to financial needs.
Why were you denied renewal? I don’t see the I-864/income being an issue. But if you have something on your record that led to your daca denial that could be an issue
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#7
04-24-2019, 05:41 PM
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Not a lawyer but there should not be any issues with putting your income there at most, USCIS may look at it favorably.
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#8
04-24-2019, 06:38 PM
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Quote:
Originally Posted by AdrianHero View Post
Honestly I wish I could afford it, but I spent over 10k worth of my savings with an attorney back in 2014 with my daca renewal. My wife and I have dated for about 2 years and married for 4 now. Shes a citizen and from my understanding the unauthorized work shouldnt be an issue due to this.
10k on a lawyer with your DACA Renewal?
Sounds extreme why so much?
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#9
04-24-2019, 06:43 PM
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10k sounds extreme and you got denied after that?
On what grounds were you denied. That will give a better m
understanding if your circumstances
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#10
04-25-2019, 11:59 AM
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Quote:
Originally Posted by Malign0n View Post
Why were you denied renewal? I don’t see the I-864/income being an issue. But if you have something on your record that led to your daca denial that could be an issue
Got a DUI in late 2013 in the state of NJ. BAC limit is .08 and I blew a .08. Paid a lawyer to fight the dui, got fines reduced and driving suspension reduced to the minimums but has not able to get the charge dropped or expunged from my record.


Quote:
Originally Posted by Sorrybrah View Post
Not a lawyer but there should not be any issues with putting your income there at most, USCIS may look at it favorably.
The I-864 application research I have done so far says that you should not include income from unauthorized work.

Quote:
Originally Posted by VIK View Post
10k on a lawyer with your DACA Renewal?
Sounds extreme why so much?
DUI charge in 2013.

Quote:
Originally Posted by agoodperson View Post
10k sounds extreme and you got denied after that?
On what grounds were you denied. That will give a better m
understanding if your circumstances
DUI
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