F1 status adjustment of status through marriage

[Nicki Battle 0]

I came to the U.S 3 years ago on F1 visa, and I'm en route to graduation this December.

My main concern is over filing the form i864 for adjustment of status. My husband and I are still full-time students, as we don't feel good about working and going to school at the same time. We are dependent on financial aid and loans. The thing is my family's still my main financial sponsor, so can my family sponsorship qualify for a source of income?

I will appreciate your input.

Thanks

[Penguin_ie 5,986]

Your family live abroad? If so, no they cannot sponsor.

[Maxximus1074 14]

Your family live abroad? If so, no they cannot sponsor.

Hiya,

as Penguin_ie mentioned - you need to have a US citizen to file affidavit of support, it doesn't have to be your spouse and or can be a combination of spouse and parents etc. but to my knowledge, too it has to be someone who is naturalized/born in the US.

Hope all goes well, if not, wait with your marriage/filing until you graduate and try a combination of both, your husbands first income and some additional sponsorship (AOS requires tax returns from the past 3 years and it looks like they were never filed since you only went to school?)

Maxximus

[Nicki Battle 0]

Your family live abroad? If so, no they cannot sponsor.

Thanks Penguin. I went through the immigration regulations and found out that my sponsors would have to be domicile and establish citizenship/residency in the U.S. Bummer.

I'll wait until I get a full-time position. Thanks

[Nicki Battle 0]

Hiya,

as Penguin_ie mentioned - you need to have a US citizen to file affidavit of support, it doesn't have to be your spouse and or can be a combination of spouse and parents etc. but to my knowledge, too it has to be someone who is naturalized/born in the US.

Hope all goes well, if not, wait with your marriage/filing until you graduate and try a combination of both, your husbands first income and some additional sponsorship (AOS requires tax returns from the past 3 years and it looks like they were never filed since you only went to school?)

Maxximus

Maximus,

Thanks, I reckon so, after reading through the immigration regulations on affidavit of support. I work part-time on-campus, so I do have to file tax returns every year. I figure I'll just file the paperwork next year after I graduate and secure a teaching assistantship. Until then my husband will be working full-time,too. Thanks.

[lunaboriken 2]

I always like to start by saying: "Every case is different."

When you are petitioning under Adjustment of Status for Permanent Resident who entered with a F1 Visa, you must provide all the documents required to prove you are capable of supporting the beneficiary financially. You need to be making more than 18,000 per year (2 household). You need to provide your tax forms and W2s. You need to be living together, same bills, same bank accounts, same rent agreement under both of your names, same EVERYTHING under both of your names.

A co-sponsor comes into play when you are not able to provide the income per year based on the guidelines. The minimum required for the co-sponsor will vary based on the number of households. The co-sponsor becomes financially responsible for the beneficiary (this does not mean the co-sponsor will be charged the processing fees). Remember the co-sponsor can be any family member, friend who is US citizen.

Even if you have a co-sponsor, you still need to show everything joint.

My husband entered with a F1 Visa, he overstayed 3 years. I sponsored him. From the moment we moved in together it took me two years to reach the income required. I got two jobs to make it faster. We thought to have co-sponsor but I wanted to keep it just him and I. Involving more people is too much stress (for me). I personally think, co-sponsor helps but the income guidelines are way higher, I didn't go that route. I felt 18K was easier to reach than having a co-sponsor help (this will be different for everybody).

We went to a lawyer consultation. It helped a lot. We submitted the documents on our own on December 2011. We got our documents transferred to California and Missouri. From there we got interview on December 3, 2012. Same date we got emails stating we got I-130 approved and I-485 Card Processing and another email stating the Welcome Letter will be mailed with Decision.

The length varies per case. Our case took quite a long time but I was prepared to wait as long as everything would be approved. It takes a lot of patience. A lot.

Sit down with your husband and plan it. Review your financial status and how you can reach the guidelines. If a co-sponsor is needed get it. Remember that everything is possible, you just need to find the way.

Edited December 5, 2012 by lunaboriken

[Harpa Timsah 13,258]

This thread is almost 2 YEARS OLD.