US citizen marrying B1/2 visa holder

[mizz 0]

hi guys,

a friend of mine who is a us citizen is interested to marry a person who is currently visiting usa on a b1/b2 visa. She is a widowed mom to 4 children and unemployed and receiving a financial supports from the government in the forms of housing assistance and food stamps. They met through online dating 6 months earlier and now the guy is here in the states to meet up with the girl.

Here are some worries that she has in mind that they may encounter on the petition process:

1. Whether or not she could petition the guy since she is not working and doesn't meet the income requirement.

2. For the Affidavit of Support, can she use her children's income as they are working? and Can a friend submit an affidavit of support on her behalf in order to meet the requirement?

3. would there be any risk that the relationship will be deemed fraud by the USCIS although the relationship is really genuine?

is there any reason she needs to involve a lawyer in her case or do you guys think that this case is a straight forward application and can be self prepared and filed.

any input will be appreciated.

thanks

[Mark88 183]

1. Whether or not she could petition the guy since she is not working and doesn't meet the income requirement.

If she is a USC or LPR she always can petition someone, she will have to meet the sponsor requirements or find a co-sponsor to meet them.

2. For the Affidavit of Support, can she use her children's income as they are working? and Can a friend submit an affidavit of support on her behalf in order to meet the requirement?

Yes, as long as the co-sponsors are USC or LPR's.

3. would there be any risk that the relationship will be deemed fraud by the USCIS although the relationship is really genuine?

This is always a possibilty.

[JayJayH 546]

Here are some worries that she has in mind that they may encounter on the petition process:

1. Whether or not she could petition the guy since she is not working and doesn't meet the income requirement.

- She can petition, but they will need a co-sponsor to meet income requirements.

2. For the Affidavit of Support, can she use her children's income as they are working? and Can a friend submit an affidavit of support on her behalf in order to meet the requirement?

- Not on her behalf. She has to be the primary sponsor, but if she does not meet income requirements, then yes, a US citizen or resident can co-sponsor. This person should know that they will be financially obligated to the US government and may be sued to pay back any means tested benefit that her husband might receive. They will be financially responsible for 40 working quarters (at least 10 years), or until he becomes a citizen - whichever comes first. It's a fairly big financial responsibility.

3. would there be any risk that the relationship will be deemed fraud by the USCIS although the relationship is really genuine?

- There is always that risk. Depends if they have any major red flags or not.

is there any reason she needs to involve a lawyer in her case or do you guys think that this case is a straight forward application and can be self prepared and filed.

- If she can get someone to co-sponsor, and her husband does not have any criminal background or negative immigration history, this is a fairly straightforward DIY case.

Edited November 8, 2013 by yang-ja

[JayJayH 546]

As far as "red flags" in this case. Red flags may include:

- They have only known each other for a very short time.

- They got married immediately after the husband entered the US.

- They got married while husband was in removal proceedings, or has overstayed.

- She is significantly older than him.

- Large language/communication barriers.

- Husband is from a developing country.

- Vast cultural differences which may be regarded as "socially unacceptable" in either culture.

None of these factors automatically means fraud, but they are red flags that will make the USCIS look at the case more closely.

[mizz 0]

thanks Mark88

If she is a USC or LPR she always can petition someone, she will have to meet the sponsor requirements or find a co-sponsor to meet them.

Yes, as long as the co-sponsors are USC or LPR's.

This is always a possibilty.

[mizz 0]

that was a great help, many thanks yang-ja.

just want to go over the notions of the primary sponsor and the co-sponsor. Can some one who is unemployed and has literally zero income like in her case be a primary sponsor and get someone else to shoulder all the financial obligations on her behalf as a co-sponsor.

I was just wondering if there exist any organization or entity that offers a free legal consultation services that she can resort to.

Would be a great help if refereed to any.

Thanks again,
Mizz

Here are some worries that she has in mind that they may encounter on the petition process:
1. Whether or not she could petition the guy since she is not working and doesn't meet the income requirement.

- She can petition, but they will need a co-sponsor to meet income requirements.

2. For the Affidavit of Support, can she use her children's income as they are working? and Can a friend submit an affidavit of support on her behalf in order to meet the requirement?

- Not on her behalf. She has to be the primary sponsor, but if she does not meet income requirements, then yes, a US citizen or resident can co-sponsor. This person should know that they will be financially obligated to the US government and may be sued to pay back any means tested benefit that her husband might receive. They will be financially responsible for 40 working quarters (at least 10 years), or until he becomes a citizen - whichever comes first. It's a fairly big financial responsibility.

3. would there be any risk that the relationship will be deemed fraud by the USCIS although the relationship is really genuine?

- There is always that risk. Depends if they have any major red flags or not.

is there any reason she needs to involve a lawyer in her case or do you guys think that this case is a straight forward application and can be self prepared and filed.

- If she can get someone to co-sponsor, and her husband does not have any criminal background or negative immigration history, this is a fairly straightforward DIY case.

[JayJayH 546]

that was a great help, many thanks yang-ja.

just want to go over the notions of the primary sponsor and the co-sponsor. Can some one who is unemployed and has literally zero income like in her case be a primary sponsor and get someone else to shoulder all the financial obligations on her behalf as a co-sponsor.

I was just wondering if there exist any organization or entity that offers a free legal consultation services that she can resort to.

Would be a great help if refereed to any.

Thanks again,

Mizz

I've heard of many Catholic Churches in areas with large numbers of illegal aliens offering free legal advice from time to time. Some lawyers don't charge for a consultation, although most will.

Yes, she has to be primary sponsor. She doesn't need to have income if she has someone who is willing to take on that financial obligation for her as a co-sponsors she still has to be listed as primary sponsor. Anyone can be co-sponsor, as long as they are US citizens or residents domiciled in the US, and can meet the 125% federal poverty guideline, and are willing to take those financial obligations.