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Filed: Timeline
Posted

Im an American citizen with a Brazilian fiance we want to marry in Vegas because its the easiest place to marry, she is on her J1 visa, she is here working as an au pair but she will return to Brasil in a few months. Her visa is a J1 without the two year bar . Im not sure what steps we need to take so she can stay here in the U.S or atleast be able to go back and forth here from her country, but the problem is I just completed college and was not working for sometime but now I am looking for a job and one of the forms for a green card is the affidavit of support which will be difficult to get approved since im not working. Is there any other way I can get her to stay here in the U.S legally for about a year or so until I start working again?

Also we are planing on going to Brazil to visit her family there in a couple months. I'm not sure if there is a way for her to be able to legally stay here with only the adjustment of status form. I have an appointment to talk with immigration soon I am just trying to find anyway around the affidavit of support because I dont want her to get denied her green card because of that. When the form's need to be sent is it possible to send one by one and hold off on the support form until I find work or do they all need to be sent in at the same time? Are there some cases where an affidavit of support is not required?

Any suggestions would be greatly appreciated thanks!

Posted

You can't "hold" off the affidavit - it has to be submitted with the AOS request.

You will probably need a co-sponsor to cover your income level.

You will have to wait for the AP before you can travel out of the US, since you state her J1 expires in a few months. (and your thinking of going back in a few months)

One thing you can do, is marry her, send her home, then apply for her when your ready to support her yourself. Then she can come back, and your good to go.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: China
Timeline
Posted (edited)

Why would an affidavit of support be a problem approving? Have you heard you can use a "Joint Sponsor"?

If you marry, aand she returns home it may be a problem returning.

If she entered the country with NO INTENT of staying, and then met you and decided to marry, she can adjust status.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

She WILL need an AP to travel even though the J-Visa may be multi-entry. Leaving the country without AP will cancel the AOS process.

MOVING to AOS from Visitor/Work/Student visa forum

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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