USC marrying F-1 (out of status)- Please help!

[Ama&yaw 1]

Hello!

Well, I have spent hours reviewing this website and it is VERY informative! I just have a few questions that I could not find answers to. If someone could answer or point me to the right forum I would be thankful.

A little history: My fiancé is from Ghana. He came here, in 2008, on a F-1 visa that doesn’t expire until Dec 2011 but he is not in school currently. I know this means he is out of status. We spoke to an immigration attorney and he told us that although he is out of status, his visa is not expired and we can still get married but should do so soon. I really don’t want to use an attorney because the fees are so high but I don’t want get anything wrong either, so I have turned here .

We have our wedding planned for June this year but given that information (from the attorney) and some threads I found on VJ, it seems we should get married sooner. The problem is we met in October 2009 and started dating shortly thereafter but I don’t want the interviewer to pass judgment on us because we got married rather quickly. I am not sure if this is an issue or not but we love each other very much and have completely integrated our families.

So my questions are

1. Should we consider going to the courthouse and getting married sooner do to his status? If so, will the length of knowing each other become a huge issue?

2. I am a full time student finishing my senior year in college and I have 2 small children. I do not meet the 125% poverty requirement without including my financial aid and loans. I read somewhere on VJ that this is allowed but cannot remember how to properly document this on the Affidavit form. Any guidance is appreciated.

3. Lastly, just to clarify, would we have to file the I-485 AND the I-130? Or just the I-485 since he is here?

Thanks so much for all your wonderful help in advance and God Bless.

[besaangel 18]

So my questions are

1. Should we consider going to the courthouse and getting married sooner do to his status? If so, will the length of knowing each other become a huge issue?

Could be but, do you guys have any proof of your bonafide relationship?

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union. (OR IN YOUR CASE_ WILL THERE BE ANY PROOF)

2. I am a full time student finishing my senior year in college and I have 2 small children. I do not meet the 125% poverty requirement without including my financial aid and loans. I read somewhere on VJ that this is allowed but cannot remember how to properly document this on the Affidavit form. Any guidance is appreciated.

Cant help with this one...

3. Lastly, just to clarify, would we have to file the I-485 AND the I-130? Or just the I-485 since he is here?

It would be easier and hasten the situation if you did file both. The form I-130 is to petition for an alien relative (HERE)...

Edited February 28, 2010 by besaangel

[luckykat 1]

He came here, in 2008, on a F-1 visa that doesn’t expire until Dec 2011 but he is not in school currently.

We have our wedding planned for June this year but given that information (from the attorney) and some threads I found on VJ, it seems we should get married sooner. The problem is we met in October 2009 and started dating shortly thereafter but I don’t want the interviewer to pass judgment on us because we got married rather quickly. I am not sure if this is an issue or not but we love each other very much and have completely integrated our families.

My situation and timeline is almost the same as yours. I got here in 2008 on an F-1 visa, but I have stayed in status the whole time. My now-officially-husband and I met in Feb 2009 and we knew even then that we want to be together for the rest of our lives. We wanted to have the wedding after my graduation this summer, but realized it would be better to get the ball rolling on the immigration process. So we got married in a courthouse in December and just recently filed for Adjustment of Status, all the while planning for a proper ceremony and reception with friends and family in June.

1. Should we consider going to the courthouse and getting married sooner do to his status? If so, will the length of knowing each other become a huge issue?

That's what we did, and I'm sure glad we did. For me, it is so I can get the work authorization in time for when I graduate, because I had always maintained status. However, since your fiance is out of status, I think you guys have even more reason to do so. As for the length of time, you might have to work a little harder to prove your relationship, but if you make sure you get enough documents and pictures, and make sure you can convincingly tell your story and know each other's personal details, you should be ok.

2. I am a full time student finishing my senior year in college and I have 2 small children. I do not meet the 125% poverty requirement without including my financial aid and loans. I read somewhere on VJ that this is allowed but cannot remember how to properly document this on the Affidavit form. Any guidance is appreciated.

Err, not sure about this, sorry.

3. Lastly, just to clarify, would we have to file the I-485 AND the I-130? Or just the I-485 since he is here?

I'm pretty sure you have to do both. You file the I-130, as the petition for alien relative, and he files the I-485 as the adjustment of status to permanent resident (which is based on your petition, the I-130)

[Ama&yaw 1]

Thanks for all the answers! If anyone knows about the financial aid....that would be great too!!

[milimelo 4,477]

Hello!

Well, I have spent hours reviewing this website and it is VERY informative! I just have a few questions that I could not find answers to. If someone could answer or point me to the right forum I would be thankful.

A little history: My fiancé is from Ghana. He came here, in 2008, on a F-1 visa that doesn't expire until Dec 2011 but he is not in school currently. I know this means he is out of status. We spoke to an immigration attorney and he told us that although he is out of status, his visa is not expired and we can still get married but should do so soon. I really don't want to use an attorney because the fees are so high but I don't want get anything wrong either, so I have turned here .

We have our wedding planned for June this year but given that information (from the attorney) and some threads I found on VJ, it seems we should get married sooner. The problem is we met in October 2009 and started dating shortly thereafter but I don't want the interviewer to pass judgment on us because we got married rather quickly. I am not sure if this is an issue or not but we love each other very much and have completely integrated our families.

So my questions are

1. Should we consider going to the courthouse and getting married sooner do to his status? If so, will the length of knowing each other become a huge issue?

2. I am a full time student finishing my senior year in college and I have 2 small children. I do not meet the 125% poverty requirement without including my financial aid and loans. I read somewhere on VJ that this is allowed but cannot remember how to properly document this on the Affidavit form. Any guidance is appreciated.

3. Lastly, just to clarify, would we have to file the I-485 AND the I-130? Or just the I-485 since he is here?

Thanks so much for all your wonderful help in advance and God Bless.

You have GOT to file I-130 with the I-485 otherwise they'll deny you - you need a basis to adjust, and I-130 proves the basis - relative of a USC.

Don't know about financial aid and I-864 but seriously consider getting a co-sponsor who can cover your husband if you don't make enough.