AOS FROM STUDENT VISA QUESTIONS

[Nyosh 5]

Hello everyone,

 

I am posting this on behalf of my sister. She recently got her divorce finalized. While they were separated, she met someone else and they want to get married before the year ends.

The boyfriend has a student visa that is expired but is in status because he is still going to school. Can they get married and she can file papers for him immediately?

They have an age difference of 10 years, my sister is older than him, is this a red flag? 

If they do not get married before the year ends, they will not have filed joint taxes but they have joint bills, bank account statements, car insurance which are like two months old. Is this sufficient enough? 😕

Thanks.

[geowrian 22,337]

11 minutes ago, Nyosh said:

The boyfriend has a student visa that is expired but is in status because he is still going to school. Can they get married and she can file papers for him immediately?

Yes (once they get all the paperwork, like the marriage certificate).

 

11 minutes ago, Nyosh said:

They have an age difference of 10 years, my sister is older than him, is this a red flag? 

Depends on local customs. Seems unlikely to be an issue IMO.

 

11 minutes ago, Nyosh said:

If they do not get married before the year ends, they will not have filed joint taxes but they have joint bills, bank account statements, car insurance which are like two months old. Is this sufficient enough? 😕

That's good to have, and they can provide more at the interview. Nobody can say what is "enough" - it is a judgement call by the IO based upon the entire set of circumstances and evidence provided.

[Nyosh 5]

25 minutes ago, geowrian said:

Yes (once they get all the paperwork, like the marriage certificate).

 

Depends on local customs. Seems unlikely to be an issue IMO.

 

That's good to have, and they can provide more at the interview. Nobody can say what is "enough" - it is a judgement call by the IO based upon the entire set of circumstances and evidence provided.

Thank you.

What if the joint evidence is from before they were married. Is it acceptable?

[geowrian 22,337]

3 minutes ago, Nyosh said:

What if the joint evidence is from before they were married. Is it acceptable?

Yes. Anything showing a bona fide marriage - including the relationship that led to the marriage - is fine.

[Going through 5,671]

Only issue I can see is if your sister acquired LPR status through marriage and is then trying to petition for someone else within 5 years of that divorce.

 

You haven’t clarified if your sister is a LPR or a USC so wanted to mention the above issue that can arise depending on her own status.

[Nyosh 5]

1 hour ago, Going through said:

Only issue I can see is if your sister acquired LPR status through marriage and is then trying to petition for someone else within 5 years of that divorce.

 

You haven’t clarified if your sister is a LPR or a USC so wanted to mention the above issue that can arise depending on her own status.

She is a USC. Got her citizenship through marriage. She was married for 8 years. The divorce was finalized some time in November this year. Does she have to wait for 5 years to file or get married? 

Edited December 29, 2019 by Nyosh

[geowrian 22,337]

10 minutes ago, Nyosh said:

She is a USC. Got her citizenship through marriage. She was married for 8 years. The divorce was finalized some time in November this year. Does she have to wait for 5 years to file or get married? 

Nope. Just so long as she originally got her green card via marriage more than 5 years ago she's fine.

Edited December 29, 2019 by geowrian

[Nyosh 5]

18 minutes ago, geowrian said:

Nope. Just so long as she originally got her green card via marriage more than 5 years ago she's fine.

Okay. She is just scared of doing anything.

Is it okay to file a few months after they get married? 

What about income? My sister makes $60K a year and she does not have any children. Will they need a cosponsor?

Edited December 29, 2019 by Nyosh

[NikLR 13,227]

1 hour ago, Nyosh said:

Okay. She is just scared of doing anything.

Is it okay to file a few months after they get married? 

What about income? My sister makes $60K a year and she does not have any children. Will they need a cosponsor?

Look at the I864, I-864 instructions and I-864p.

Your sister should join, follow the guides, read all the instructions, and learn for herself.  She will feel more confident if she has the knowledge. 

[NikLR 13,227]

~~moved to process and procedures from progress reports~~

[Nyosh 5]

6 minutes ago, NikLR said:

Look at the I864, I-864 instructions and I-864p.

Your sister should join, follow the guides, read all the instructions, and learn for herself.  She will feel more confident if she has the knowledge. 

She has looked at that. She was just wondering

[Nyosh 5]

Is it advisable to use an attorney? 

[carmel34 3,626]

Most VJ members will advise not to use attorneys or "rapid" visa services, as they tend to make the process longer and are prone to mistakes since they don't really care about much except taking your money.  Read the guides here on V J for adjustment of status and things should be find doing the process without attorneys unless there are complications like visa overstays or deportation orders to overcome.  Good luck!

[Cathi 5,748]

They do not need an attorney but I would suggest that your sister join VJ. 

 

There are guides here that she can use and she will have the benefit of asking questions from the many qualified members of this site.

 

 

[SusieQQQ 11,586]

May I ask what the rush to get married is? The boyfriend is still in status if he is attending school. Is the pressure coming from him?