what can i do?

[lovinegyptian 0]

I have met and fallen in love with a man who has been here on a tourist visa with mutiple entry. His visa expires in a few days and he has to go back to Egypt. If we were to marry and file AOS would we have a hard time with it because of him being so close to the date of expiration? Also I don't make a lot of money and can't sign the affadavit of support and my family is not supportive of me. What can I do? If he goes back to Egypt, how long does he have to stay before he can re enter the states again? Please help, we don't have much time left!

[coraliesolms 47]

Well, if you can prove that he came over without intent to marry, then the overstay is usually forgiven. As long as you get married and file AOS before the stamp in is passport expires. As for the affidavit, if you do not make 125% above the poverty line, then you will have to find someone to co-sponsor him.

Either way the affidavit will be your hang-up, because if you get married and he goes back to egypt, you will have to file for a CR-1 visa and that could take anywhere from 9 months (if you are lucky) to about 18 months. However, even with the CR-1 you still have to provide the affidavit of support.

Hope this helped a little bit.

[JimVaPhuong 4,863]

I have met and fallen in love with a man who has been here on a tourist visa with mutiple entry. His visa expires in a few days and he has to go back to Egypt. If we were to marry and file AOS would we have a hard time with it because of him being so close to the date of expiration? Also I don't make a lot of money and can't sign the affadavit of support and my family is not supportive of me. What can I do? If he goes back to Egypt, how long does he have to stay before he can re enter the states again? Please help, we don't have much time left!

It is a violation of immigration law to enter the US with a non-immigrant visa if you have the intent to stay and become an immigrant (i.e., adjust status), but that dog has no teeth. USCIS can no longer deny AOS for an immediate relative of a US citizen just because they suspect preconceived intent. In fact, they can't even deny AOS if they have proof of preconceived intent. They would need proof he had preconceived intent, as well as proof he lied about his intent, before the violation would be significant enough to justify denying the AOS. If you met after he entered the US then they are much less likely to even suspect preconceived intent.

Obviously, it's impossible for you to marry and get his AOS application submitted before his status expires. Normally, an intending immigrant is required to maintain their lawful status in order to be eligible to adjust status. However, this requirement specifically does not apply to an immediate relative of a US citizen, which includes a spouse. In other words, they aren't even allowed to consider his current status when adjudicating the AOS because he's an immediate relative of a US citizen. He will be out of status (i.e., illegally present in the US) between the time his I-94 expires and the time USCIS accepts his AOS petition. Obviously, he'll want to avoid any situation where he might be confronted by any US immigration authorities, such as immigration checkpoints. He also cannot leave the US while the AOS petition is being adjudicated or his AOS petition will be considered abandoned. He can get permission to leave the US temporarily by applying for advance parole at the same time he applies for AOS.

If he had no intention of immigrating when he entered the US then I recommend you go ahead and get married, and send the I-130 and I-485 packets to USCIS so he can get a green card. There is a step-by-step guide to this process here:

http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Be sure to read the instructions for each form, as each form has additional requirements that aren't described in detail in the guide.

You will need to submit an affidavit of support, whether your income is sufficient or not. You are the primary sponsor. If your income does not qualify then you will need a joint sponsor who does qualify. There is no way to get around this. USCIS absolutely requires a sufficient affidavit of support from a qualified sponsor. They will not approve his green card application without it.

Well, if you can prove that he came over without intent to marry, then the overstay is usually forgiven. As long as you get married and file AOS before the stamp in is passport expires. As for the affidavit, if you do not make 125% above the poverty line, then you will have to find someone to co-sponsor him.

They do not have to prove he came without the intent to marry. It's not illegal to enter the US with the intent to marry. It IS illegal to enter with a non-immigrant visa with the intent to immigrate, unless the visa specifically allows for immigrant intent. However, even in that case, you don't have to prove you didn't intend to immigrate when you entered. This is one area where USCIS has to prove you're guilty - you don't have to prove you're innocent.

There is also no requirement that they marry before the I-94 expires. That requirement only applies to people who entered with a K1 visa, and intend to adjust status based on the K1 entry.

What you said about the affidavit of support is 100% correct.