AoS means of Support - on F-1 with job offer but not yet started?

[stingg 0]

Hey all,

My boyfriend and I are planning on getting married. We met in college and both just graduated this past December. I am still on F-1 visa, currently on OPT expiring Feb 2015, he is a US citizen. We have both found employment, my employer is willing to sponsor my H1-B but due to the lottery system, we want to get married regardless so I don't have to leave the US if my H1-B application did not get chosen.

Main question: Our combined income will be ~100K, 50K annual each but our employment does not start until August this year. We have our offer letters from our companies but no income yet. In such a situation, will we still need a co-sponsor? His family is not very well-off so I'm not even sure if his parents can act as co-sponsor in the first place.

Also as an aside...suppose my H1-B visa falls through, will the fact that I have applied for it affect the approval of the AoS in anyway? I guess I'm just worried that the officer/USCIS will think that I am filing for a green card through marriage as a 'last resort' because of my H1-B falling through, although we do have a bona fide relationship. Thanks!

Edited April 2, 2014 by stingg

[Zen Den 18]

Hey all,

My boyfriend and I are planning on getting married. We met in college and both just graduated this past December. I am still on F-1 visa, currently on OPT expiring Feb 2015, he is a US citizen. We have both found employment, my employer is willing to sponsor my H1-B but due to the lottery system, we want to get married regardless so I don't have to leave the US if my H1-B application did not get chosen.

Main question: Our combined income will be ~100K, 50K annual each but our employment does not start until August this year. We have our offer letters from our companies but no income yet. In such a situation, will we still need a co-sponsor? His family is not very well-off so I'm not even sure if his parents can act as co-sponsor in the first place.

Also as an aside...suppose my H1-B visa falls through, will the fact that I have applied for it affect the approval of the AoS in anyway? I guess I'm just worried that the officer/USCIS will think that I am filing for a green card through marriage as a 'last resort' because of my H1-B falling through, although we do have a bona fide relationship. Thanks!

before your main question/s can be answered, when do you plan on getting married? if say this month (soonest) and he submits his application for your petition, your incomes won't count. if you get married in august then you can show pay stubs to show (by the time he submits the petition )that your husband is financially capable of supporting you and you won't even need his parents' support .

when is your prospective employer going to apply for your H1B visa? if now then you have enough time to get married and find out if you will get the h1b or not before your F1 expires.

even if you don't get it or the result gets delayed, you still have a valid status to stay and at the same time, time to get married before the f1 expires.

if it falls through it won't affecct your AOS as long as, as you say, you have plenty of proof of your bonafide relationship.

now if you wait til the last minute (close to f1 expiration) to get married then they will definitely say you just wanted to skip the longer route.

think about what you really want to do. h1b or not, you will get married right?

[stingg 0]

Thanks for the reply and the heads up about not applying too close to my F-1 expiration date - I find out regarding H-1B in June. If H-1B is approved, then we'll probably hold out for a bit until next year, to collect more evidence and make sure we have a really strong case (e.g right now we are living together but only his name is on the lease, but once we start working we are going to move into a new apartment and we'll both be on the lease).

If it has not been approved, we are either going to do it ASAP (June) or wait until we start work (August/September). I think our best option right now would be September. It is still 5 months away from F-1 expiry, but we will have our first paycheck by then, as well as the offer letters which can help prove our claim about expected income?

Edited April 2, 2014 by stingg

[stingg 0]

Also - if a joint sponsor is needed, does the joint sponsor have to be related to the sponsor (my boyfriend)? My sister is actually a permanent resident and she definitely meets income requirements.

[engineer21 51]

Nope joint sponsor doesn't need to be related to the petitioner or beneficiary