QUESTION
A friend of mine is marrying soon. The fiancee is a Chinese citizen.
Asked on Mar 30th, 2012 on Immigration - Pennsylvania
More details to this question:
Both are grad students & will be apart for a year (perhaps more if they get "used" to living alone). I''m trying to convince them to not live alone and commute instead (the colleges are only 1.5 hrs apart.) How will this hurt green card chances? What about if my friend''s soon-to-be "finds'' somebody else while they''re apart? How long does this finacee have to wait to get greencard before can file for divorce?
Really worried that my friend is being taken for a ride. Sweet, kind, first love. I don''t want my friend''s heart broken. Please, *please* help! Friend is VERY NAIVE. Has no idea about real world, or immigration law.
1 ANSWER
In general, U.S. immigration will scrutinize a marriage-based green card process more closely if the couple lives apart. If they are not living together, U.S. immigration may look more closely at whether it is a real and legitimate relationship.
Also, as a grad student who I assume is not working or making much money, it may be difficult to meet the affidavit of support requirement. The marriage-based green card process requires the U.S. citizen sponsor to show income/available funds to support the foreign national. If the U.S. citizen is not working, a joint sponsor may be needed.
You can find info on the process at:
http://www.familytousa.com/green-card-through-marriage-ad/
They may want to wait to file for the green card until they are living together or they understand the process a little better. At worst your friend should consider consulting with an immigration attorney to understand the green card process.
Regards,
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
www.srwlawyers.com
awilson@srwlawyers.com
Answered on Apr 02nd, 2012 at 6:51 PM