My U.S Citizen spouse wants to file 1-130 and 1-485 for me (an undocumented immigrant)

Her "currently living in a Govt subsidized housing and living under the poverty line with two kids" is not the main problem you are facing. That one can be resolved by securing a qualified co-sponsor to file an additional Affidavit of Support alongside your USC spouse's. A much more immediate and difficult challenge you are facing is the fact that you are "undocumented", if I understand correctly, illegally in the country and consequently cannot file for I-485 AOS, but must obtain your immigrant visa abroad, after the approval of an "extreme hardship" waiver on your behalf. If, on the other hand, you were lawfully admitted into the country, with a visa and passport but overstayed, even for years, that will not matter or impede you from filing I-485 AOS, since spouses of USCs are not penalized for having overstayed.

Have you already filed and know that is your only hurdle? If you are only lacking sufficient income, you can find a joint sponsor if they meet the requisite requirements. You can easily overcome the public charge issues if you are otherwise eligible for adjustment of status.

Any undocumented foreign national who wants to apply for immigration benefits is HIGHLY recommended to contact an attorney first. There are many organizations that offer free legal services to undocumented foreign nationals and you are urged to contact them. Good luck!

You can overcome the public charge concern by securing a joint sponsor. A joint sponsor, as well as your spouse, will execute an affidavit of support on your behalf. The joint sponsor must be a United Ststes citizen or lawful permanent resident who meets the income requirements. The hurdle that may a much more substantial issue is the fact that consider yoursrlf an undocumented immigrant. It is not clear how you entered the United States. If you entered the country without inspection, you are not eligible for adjustment of status. You would need to pursue an immigrant visa through consular processing to become a lawful permanent resident. I encourage you to meet with an experienced immigration attorney to discuss your eligibility in more detail.

As my colleagues have said, you may be facing two issues. If your wife cannot show sufficient finances to assure USCIS that you will not become a public charge, you'll need to look into getting a joint sponsor to show the financial support necessary for your application. The bigger issues may be whether you need to waive your inadmissibility, since you're currently undocumented in the US. If you came into the US with a valid visa, but overstayed that visa, this won't be a problem. If, however, you entered the US without a valid visa, you will need to obtain a waiver of your inadmissibility before you'll be eligible to adjust status. Before filing anything, I would highly recommend that you speak to a qualified immigration attorney to go through the specifics of your situation, and to ensure that you're application is best set up for success.

It appears from your question that you are mainly concerned with your financial issues and your ability to meet the required financial means test. You can meet that obligation by having a sponsor(s) that meet or exceed the specific financial needs of your case. However, there is a second issue that you will have - because of your undocumented status you will need a waiver for inadmissibility. I advise you to consult with an immigration attorney before you file any paperwork and specifically address these issues. I hope this information has been helpful to you. Good Luck!!! George McCranie - Offices in Valdosta & Douglas, GA -