Asked on Sep 29th, 2018 on Immigration - South Carolina
More details to this question:
I have overstayed on my visa for over a year I live wi the my baby father an American citizen. We have a 3 month old i also have my 7 year old son withe me from my country. However he had two major surgeries that have left him out of work and is now on long term disability. He might have to apply for SS disability as well. My question is will he be able to file for us when we get married.
Your husband would file an I-864 affidavit of support for you, and you would also require a financial joint sponsor who will have to guarantee that you and your son will be supported. Having a co-sponsor of relatively high income would certainly help in your situation. As you may know, the Trump administration is attempting to finalize a public charge regulation which would significantly make the financial sponsorship process more difficult. No one can say exactly when or if it will be implemented, but the best thing to do is probably to begin the process as soon as you can.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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