H1b to F1 to Green Crad through marriage

[miss_sweet_tooth 0]

Hi,

I was on H1b for 6 years (2 terms of 3yrs) and converted to F1 visa in Oct 2011.

I started school Jan 2012, but keeping my full time job making $40k/year. This is probably not legal to continue my job.

My boyfriend and I are getting married soon and I was looking on the forms.

What if he doesn't meet the requirements for the Affidavit of support? He is working part time and going back to school soon.

Is it a problem if I declare that I am currently working while on F1? We also have a joint account together, but not much only $5k.

Any answer is appreciated.

Thanks!

[Harsh_77 718]

You cannot work full-time off the campus on F1, that would be illegal unless you have an approval from your DSO.

It would be illegal for your employeer to hire you on F1, have u reported change of your status to F1 to your HR?

If your fiance does not qualify then he can use his parents or sibling or some relative who would do affadivit of support.

[ceadsearc 516]

Working illegally is forgiven for spouses of USCs if there are no other adverse factors. You need to be honest on your AOS application but you can't count your income if it was from working under the table. Your spouse will need a cosponsor. You can include assets but assets must be three times the difference between the sponsors income and the poverty guidelines - ie if your husband makes 2,000 less than the poverty guidelines you'd need 6,000 in assets to make that up.

[Penguin_ie 5,997]

** Moving from AOS from Family to AOS from Student Visa as OP came here on an F1 ****

[Harsh_77 718]

Working illegally is forgiven for spouses of USCs if there are no other adverse factors. You need to be honest on your AOS application but you can't count your income if it was from working under the table. Your spouse will need a cosponsor. You can include assets but assets must be three times the difference between the sponsors income and the poverty guidelines - ie if your husband makes 2,000 less than the poverty guidelines you'd need 6,000 in assets to make that up.

Not married as of now so it is illegal.

[ceadsearc 516]

Not married as of now so it is illegal.

It's illegal even if they are married. But if they go forward and get married and AOS it will most likely be overlooked.

[miss_sweet_tooth 0]

Working illegally is forgiven for spouses of USCs if there are no other adverse factors. You need to be honest on your AOS application but you can't count your income if it was from working under the table. Your spouse will need a cosponsor. You can include assets but assets must be three times the difference between the sponsors income and the poverty guidelines - ie if your husband makes 2,000 less than the poverty guidelines you'd need 6,000 in assets to make that up.

I am working and still paying taxes though, is that considered under the table?

Thank you for your input.

[Harpa Timsah 13,258]

You are working without authorization which is illegal, so you can't use your income on the Affidavit of Support. Doesn't matter what you want to call it. The fact that you are paying taxes is a good thing though, one thing less to worry about.