Desperately trying to figure out next steps...Help!

[kpacitto 0]

Thanks in advance for you responses and helping to demystify this process...very overwhelmedour baby was born I finally found .

Here is our situation:

Almost 3 years ago, my fiance came to the US actually for the purpose of doing business. We met, fell in love, but I was separated (for three years) and unable to marry until I worked out the details of our divorce. He was staying with family, uncertain of what to do. We figured it was unlikely we'd be able to marry due to my situation, but we still continued to share some time together. After about one year we decided we probably should stop seeing each other since he had stayed longer than anticipated and my situation was no where close to getting resolved. We parted ways, so he could go stay with friends in NYC and figure out his next steps. Meanwhile, two months later I realized I was pregnant with his baby. I searched desperately for him to let him know. Thinking he might have gone back to his country, I even flew there to seek him out, but was unsuccessful. Anyway, several months after giving birth I finally found him, thank God. Since reuniting, another 9 months have quickly passed, and we are now really wanting to get married and stay together. Soon I will be adding his name onto the birth cert.

Unfortunately I have been barely working due to medical needs of our baby. He is obviously unable to work, but will seek employment as soon as that changes. His family has offered to help with fees and such.

I have no idea what needs to be filed and if we are at any risk of him needing to leave the country. Also if there are financial requirements that I must meet in order to apply for the next visa. And which visa is next in the process. Not easily finding these answers is slowing us.

Anyone here have resources and info to get us started?

Ooops, sorry I just realized my keyboard did something a little funny to that first line.

[kpacitto 0]

I should add that, as I understand it, he was granted a 10 year visa. But apparently the maximum stay per trip is supposed to be 3 months or less, which is why I am concerned of a potential issue when we move forward from here.

[Brother Hesekiel 2,236]

I-130, I-485, I-864, 2 x G-325a, and, optional, I-765, all concurrently.

Also needed is a check for $1,490 and a medical from a civil surgeon, which will cost anywhere between $180 and $480, so shop around.

If he didn't work for 3 years while being in the US, how did he survive? Is he incredibly wealthy? Understand that anybody residing in the US, even illegal immigrants, drug dealers and hookers need to file their annual income tax return. Tax evasion and immigration are a poisonous mix.

Check VJ's fabulous AoS Guide for more information.

P.S.

And I should add this question: did he arrive with a visa or without one as part of the VWP?

P.S.S.

Where do you reside?

Edited December 14, 2011 by Brother Hesekiel

[Boiler 45,939]

What is his Nationality and what has he been doing foe the last 3 years?

[kpacitto 0]

Thank you for the responses so far. He has family here that has been helping to support him. He has been working for the family business (that helped him to get the visa to come here), but not receiving income, just having living expenses covered basically. Therefore, there were no taxes to pay. He is From Africa and we live in New England.

Prior to coming here, he was granted a B1/B2 visa for the purposes of doing business (as part of his cousins business, which he does in fact help with from here, but doesn't get paid for, as I said).

I am worried and wondering about my financial situation being a detriment. I have had no income in 2+ years due to pregnancy, illness of my child, etc. I have been getting food stamps, and some support from family (living in my fathers condo). I know for some visa a financial sponsor is needed. Once you are already married, is this still the case? I feel quite awkward asking my family to help with that.

[kzielu 1,149]

You need to provide Affidavit of Support and meet 125% of poverty level for your household size with your income. If you do not meet these requirements, you will have to have a co-sponsor.

Also, looks like you future husband may have quite an overstay and worked illegaly - this will be forgiven when adjusting status based on marriage to US citizen but if for any reason he leaves the country, he will not be back for a while...

Note adjustment the status costs is $1490 as of now + costs of medical exams.

[Boiler 45,939]

Yep - needs to sort out his taxes asap.

He isn't Nigerian is he?

[Brother Hesekiel 2,236]

In this case all should go smoothly.

One of his family members might have to jump in as a co-sponsor, but that's about it.

[kpacitto 0]

No, Not Nigerian, and I'm not sure what you mean by "sort out his taxes." He isn't compensated directly for the handling of his cousin's business. His cousin pays the living expenses of the family he stays with basically.

So, one thing I have also been trying to research is whether the sponsor needs to be related? I have a few friends offering.

[Boiler 45,939]

He still has to pay his taxes.

[kpacitto 0]

If he had any income, he would, but he is unpaid, living on family support. One can not pay taxes if no money is earned.

[Brother Hesekiel 2,236]

So, one thing I have also been trying to research is whether the sponsor needs to be related? I have a few friends offering.

ANY U.S. citizen or Green Card holder can be the sponsor. Shouldn't a family member of his be the one jumping in here? There are better ways to lose really good friends then putting them on the hook potentially for life if your by then ex-husband turns out to be . . . . um . . . compensated by his family for "living expenses" only and doesn't pay full time into SSA. Don't think your friends would like to pick up the tab for him in 25 years . . .

[kpacitto 0]

Yes, I agree it should be on his side, if possible. He has a cousin who might be helping.