Massachusetts  |  Immigration Law

Legal Question

Asked on: 4/10/08, 2:06 am

Can't Meet Income Requirements to sponsor my spouse, what to do ?


I'm a male from the u.s. and I married a girl from korea about 6 month ago, she entered legally on a j-1 visa with NO RESTRICTIONS, but is no longer working so it ''out of status''.

I do not meet the minimum income guidelines as I only make about 10K a year.

We have spent the last 6 months trying to find a co-sponsor, but were unable to find someone who was willing and met the income requirements.

Now, my wife has accrued more then 180 days being ''out of status''. She has been ''out of status'' for about 185 days now.

Would it be better if she were to return to Korea until I can earn enough money or find a co-sponsor ?

Or should she stay here illegally until we can find one ?

My Wife definetly does not want to leave the country for more then 2 years.

I believe uscis told me that she will be banned from re-entering the country for 3 years if she has accrued more then 180 days ''out of status''...

I guess my main question is: is there anyway around the 3 year ban on re-entry (a waiver ?), seeing as how we were trying to find a way to file the paperwork correctly but couldn't meet the income requirements ?

My deep appreciation for anyone who can advise me on this issue, and if i can afford an attorn

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