Will they approve another permiso if havent worked in 3 months?

[Vin Tor]

Hello Brothers and sisters,

My friend has a B2 visa that expires in 2020. Her current 6 month Permiso I94 to enter expires 7/30.
The problem is getting an extension or applying for a new one as she quit work on 2/1 so doesnt have any paycheck stubs
for last 3 months.

Will they deny her an extension or deny her a new permiso when she tries to return in August because of this period of not work stubs?

She has recieved many permiso and always complied and returned to mexico.

[Vin Tor]

Forgot to mention, first she is from Mexico. And she owns a house for 8 years and is paying mortgage still and has the documents. Will that help? Also has parents in mexico.

THank you all so much.

[peace999]

applying for an extension; processing takes 3-4months and it will most likely come after 7/30 and if it is a denial ,then her B1/B2 becomes void.

also leaving in July, and coming back in august, they can create problems at entry.

[Vin Tor]

Thank you peace. The extension is not intelligent if its voids the B2. We were actually planning to get married in May this month
but having a delay in recieving my current divorce certificate. I expect to recive the document
in June. When I get that and we get married. Can she stay here beyond the 7/30 permiso legally?
Will she be able to travel back to mexico to visit family and return during the K1 application process ?

[peace999]

I assume you are a US citizen.

Once you get married, K1 does not apply( K1 is for engaged people).

After the marriage, You can file an I-130 , I-485 for her green card before 7/30 and she will be legal till she gets the green card.

THen, she will have to get advance parole to leave the country and re-enter again.

[Vin Tor]

Thanks Peace truly appreciate your help.
Yes I am a citizen.
Cant believe its $985 for the I485 plus biometric. Will she need the biometric?
And its $420 for I130. Love aint cheap

[Vin Tor]

More important is my employment status. I am currently unemployed. Does this matter if we are married? I remember
seing a sponsor form that asks my income and last 3 years of tax info. Is that only for K1? THanks again.

[peace999]

yes, you will need an I-864 ( affidavit of support) filled with supporting documents. I strongly recommend you do it properly
as mistakes can mean more money or denial of green card for your spouse.

Take the help of a good attorney but that will again cost you. or go to USCIS.gov

[Vin Tor]

Thank you so much for you time and great advice.
I believe my past 3 years income is probably too low to be accepted as a sole sponsor for
my fiance. My W2 wages were $15,000 in 2013 $25,000 in 2012 and $0 in 2011. And I
am currently unemployed and have no real assets except a 1999 car. Yes I am lucky
to have a fiance or someone who will marry me 8).
Anyway my financial situation would reject our application i assume?, I was reading
that you need 125% of the poverty level and current year to date income is 0.
Should I try to use my mother as a co sponsor (if she agrees) who has high income and owns three houses?
She lives in Illinois and I currently live out of state.
If having mother co sponsor is feasible Would it be best for us to marry in Illinois and use my mothers current address assuming
she agrees to co sponsor?
Many Thanks again!

[peace999]

Yes, you can use your mother as co-sponsor but I am not sure if your unemployed status will affect the I-864. Please read the I-864 pdf brochure on USCIS
carefully or take the help of an attorney. As this is a very important thing.

good luck.