QUESTION

How complicate is our immigration case?

Asked on Oct 09th, 2012 on Immigration - Michigan
More details to this question:
I'm 36 years old female, live in FL,US citizen and getting married to a Non Immigrant resident ( legally in US territory), in order for him to have a permanent status, but my situation is not making things easy for us. Iโ€™m considered a self employed( part time dance teacher, a substitute teacher, and work seasonal in a resort park, I do have 2 kids, I benefit from Food stamps and Medicaid only for 3 months, and fighting the bank for a possible foreclosure( Iโ€™m in a process of a modification status) and also didn't paid all my student loans yet. I know Iโ€™m a mess. But I do have some savings in the bank. So how complicate is my situation?
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9 ANSWERS

You will need to get a joint sponsor to sign the affidavit of support on behalf of your spouse.
Answered on Oct 17th, 2012 at 1:15 PM

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Since your fiance entered the U.S. legally, if you marry him, you can petition the government for him to become a permanent resident. One of the documents you would have to file is an affidavit of support. In it, you would have to show that your income exceeds $28,813 a year (if your fiance is authorized to work in the U.S., you can add his income to yours; if you or he have substantial assets (money in the bank, real estate, stokes or bonds), you can add 20% of the assets' value to the income). If your income plus your future husband's authorized earnings in the U.S. plus 20% of your and his assets do not add up to $28,813, you still have to file an affidavit of support, as the primary sponsor, and find someone who would agree to become a co-sponsor for your husband. Co-sponsor does not have to be a relative - it can be anyone who is a U.S. citizen or permanent resident and has sufficient income (or assets). What income is sufficient for this purpose depends on the size of the co-sponsor's family: for 1 person, the minimum is $13963 a year; for each additional member of co-sponsor's family, add ~$5000; your husband would have to be counted as a member of co-sponsor's household (and so would all the immigrants the co-sponsor co-sponsored previously). If you find a co-sponsor who has sufficient income, your own financial problems would not matter for your husband's adjustment of status.
Answered on Oct 15th, 2012 at 2:32 PM

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Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
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It sounds like you'll need a co-sponsor. If your fiance can currently work legally in the US under his current status you may be able to include his income for the Affidavit of Support.
Answered on Oct 12th, 2012 at 9:41 AM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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As long as you have enough income from 2011 and 2012, you will be fine. If you do not have enough income to sponsor your husband, you can find a co-sponsor.
Answered on Oct 11th, 2012 at 3:36 PM

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Bruce A. Coane
It can be somewhat complicated. The immigrant must prove that he will not become a public charge.
Answered on Oct 11th, 2012 at 2:09 PM

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If your income does not meet the minimum requirement to be a sponsor, your husband can use up to two joint sponsor to meet the requirement. Each sponsor must submit an affidavit of support, proof of legal status in the US, an employment letter, and his or her latest tax return (2011).
Answered on Oct 11th, 2012 at 2:06 PM

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Rebecca T White
Depending upon your tax returns, you may need to obtain a joint sponsor for the affidavit of support. If he has employment authorization he can use his earnings in addition to yours, and if he has any savings or assets those can be used as well.
Answered on Oct 11th, 2012 at 1:34 AM

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As a US citizen, you can petition for your spouse, and if he entered the US with a visa, he can apply for lawful status at the same time. If you do not earn enough money to sponsor him, you can have someone else be a co-sponsor. An immigration attorney can help.
Answered on Oct 11th, 2012 at 1:16 AM

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Since you are a US citizen, if your boy friend entered the US legally, you can marry him and he can adjust status here in the US. Your problem is your ability to file the affidavit of support for the I-485 case to get him the green card. Hopefully, you can find a co-sponsor. Or if your new husband has a good job or substantial assets.
Answered on Oct 11th, 2012 at 1:10 AM

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