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Filed: Other Country: South Korea
Timeline
Posted

Hello. I am very confused with the marriage license process. I have a lot of friends that married, but they are all a bit different.

I am a U.S. citizen, and have been with my fiance for a couple of years. I feel like this situation is different, because he came to the u.s. 7 years ago on a tourist visa, and decided to stay, so changed his visa here. His parents are here on a business visa, and he was under them as their son but when he turned 21, his visa automatically changed to a student visa. We were planning to get our marriage license last summer, but we were too busy. My fiance is going to be out of status because he did not continue to go to school this semester. We decided to rush the process because he might lose his rights to live here. Aside from all the paperwork, I think that I have to show proof of income, but I am currently a full time student only working part time for my aunt off the books- i dont file any taxes, no income, parents claim me. I know that another person can cosign if they are a citizen, so would that have to be one of my family members?

Also, we are in a long distance relationship, but plan to live together after we file for our marriage license. He lives in Louisiana, and I live in New York. We plan on filing in ny, so would I make an appointment and get the license, then go through all the applications?

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

A marriage license is the "permission" to get married. Consult your local city hall or county clerk office for what's required.

After you marry then you would file the petition to adjust status.

Yes, you will file an affidavit of support regardless of your income. If you do not meet the income requirements then a joint sponsor will be needed. That person can be any US citizen or green card holder. They must meet the income requirements for their household size plus your future spouse.

See the form I-864 instructions to help you understand the affidavit of support.

Read the Guides here on VJ to learn about the process and what is needed.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

I know that another person can cosign if they are a citizen, so would that have to be one of my family members? It is not cosigning, you would need a joint sponsor that meets the poverty guidelines, however, as mentioned above you are still required to include your affidavit of support.

Also, we are in a long distance relationship, but plan to live together after we file for our marriage license. He lives in Louisiana, and I live in New York. We plan on filing in ny, so would I make an appointment and get the license, then go through all the applications? First you need to get married after you apply for your marriage license, the requirements vary by state, he will need to be present for the wedding.

After you both marry, then you can send all necessary forms for the adjustment of status.

21 Aug 2013: I-129F Sent

11 Feb 2014: Visa APPROVED!

20 May 2014: Wedding!

--

31 Jul 2014: Mailed AOS Packet

12 Feb 2015: AOS Interview - Approved

--

22 Feb 2017: Mailed ROC Packet

08 Aug 2018: ROC Approved

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

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