3 questions HELP!?

Question

QUESTION 1] On the I-130 and for Question number 22 they ask if you are unable to adjust status what country would you like the visa information sent to (or something like that) I put Haiti, but my Husband is not in Haiti how do I get it switched to the country that he is in now? (He's not in the US either) ( i know its possible b/c my lawyer said he'd charge me $2,000 to make the transfer).

QUESTION 2: On the I-864 how can I prove that his income will come from the same source if he's not in the US but planning on moving here? Or is that for the employer sponsored visa?

Question 3: My husband left on Voluntary Departure, and I know that there is a 3 year bar for illegals who stay past 180 days, my husband left on 181 day, do you u think we will have to apply for the 3 year waiver? If so what are our chances of getting it? (Its only 1 day!)

Answer 1

If you need help & want to talk to other people in the same situation, go to www.immigrate2us.net.  You can, also, speak with an attorney named Laural Scott, who we highly reccomend, who handles waivers at www.visacentral.net.  There is a free attorney attended chat Wednesdays at 1pm Central time on the visacentral site.  She will answer any questions that you have for FREE!  Hope this helps & GOOD LUCK!

Answer 2

If your husband is not seeking to adjust status in the US, he will have to apply for an Immigrant Visa at a US mission overseas.  USCIS will send his file to the location you designate.  Contact the USCIS Service Center that is handling your husband's case.

Your husband need only provide income information if your income does not meet 125% of the current Federal poverty guideline for your household size.  Your husband's income must be from a source that will continue to provide income even after he has moved to the US (for example, investment accounts).

As for the overstay, it may just be one day over the limit, but it is over six months over the lawful length of stay - a waiver is required.  You will have to be able to articulate the hardship caused by his not being able to come to the US sooner.