Plan to marry

[yojstrebor 0]

Hello Everyone,

My girlfriend and I are planning to get married this year.  We both are students in college and I work part time only. I live with my parents at this time and plan to have my own place after I finish my college next year. Can I marry my GF even if she is only a student visa holder? We been together for a year now and we plan to marry in the Fall of this year. Do i have to show a fixed income? I am working as part time only because i am a full time college at this time. Can my parents co sponsor? Pls need your advice...Thank you!

Jgabz

[geowrian 22,337]

Yes, you can marry fine. I'm assuming you are also asking about if she can live in the US. She can either file for AOS or obtain a spousal visa to get a green card.

 

For AOS, she must remain in the US until she either gets a green card or AP or else AOS will be abandoned. She can file for AP (and an EAD) at the same time as AOS. ETA: 3-4 months for AP/EAD...~a year or so for the green card (varies heavily). She cannot re-enter the US with the intent to stay and file for AOS.

 

If doing the CR-1/IR-1 (spousal) visa, she will interview abroad (assumingly at USEM since your profile indicates she's from the Philippines). ETA: 12-14+ months from filing to visa.

 

Assuming she has no need to leave the US between now and 3-4 months after getting married, AOS would probably be best. AOS grants authorized stay while the application is being processed.

Guide: http://www.visajourney.com/content/i130guide2

NOTE: The I-130 now requires an I-130A instead of the 2 x G-325As. The I-485 still requires her to complete a G-325A, though.

 

In both cases, you will need to complete an I-864 (Affidavit of Support) for her. If you don't meet the financial requirements (125% of the poverty level), then you will need a joint sponsor to complete an I-864 as well. Any USC or LPR in the US who meets the requirements can be one. Just make sure they are aware of the potential responsibilities of an I-864 - and that it will remain in effect until she is no longer a green card holder (i.e. abandons her status or loses it), becomes a USC, or completes 40 qualifying working quarters (10 years).

[yojstrebor 0]

Hi  geowrian,

Thank you for sharing your knowledge about my inquiries. Thank you for giving me the details  as well....I really appreciate you and your time. I will start reading more on the website you gave me.  Thanks so much again! 

Jyade

 

[ScarletNIW 5]

Make sure your GF won't travel abroad from now on (until she receives AP) because it is visa fraud to enter in US with a non immigrant visa having immigrant intent.