My American Girlfriend Has No Income; Can She Still Sponsor Me?

[WW33 0]

Hello my US citizen girlfriend is a college student and has little to no income, can we still get married and apply for my green card so I can live with her? For reference I am a Canadian who is employed remotely and I am already in the USA spending the winter with her. Just unsure what the next best steps or options would be.

 

thank you in advance 

[TBoneTX 45,536]

Welcome to the forum!

She would need a cosponsor whose income would meet the requirements.

Study the "Guides" (blue dropdown atop any VJ page).

[WW33 0]

3 minutes ago, TBoneTX said:

Welcome to the forum!

She would need a cosponsor whose income would meet the requirements.

Study the "Guides" (blue dropdown atop any VJ page).

Thank you! I’ve read about requiring a lease together and joint bank account etc, but given our circumstances we wouldn’t have this, does that not matter?

[TBoneTX 45,536]

6 minutes ago, WW33 said:

Thank you! I’ve read about requiring a lease together and joint bank account etc, but given our circumstances we wouldn’t have this, does that not matter?

This would apply if you were married.

 

The CR-1 (marriage visa, petitioned via the I-130) is superior to the K-1 (fiancé visa, petitioned via the I-129F).

 

See the comparison, as compiled by our fine member Crazy Cat:
K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire

CR-1
    Less expensive than K-1    
    No Adjustment of Status (I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[TBoneTX 45,536]

Your immediate need would be to find anyone -- family member or someone -- who'd agree to cosponsor you.

 

Another option is to wait until your girlfriend graduates from college, finds a job, and is earning enough to qualify financially in her own right.

[WW33 0]

2 minutes ago, TBoneTX said:

Your immediate need would be to find anyone -- family member or someone -- who'd agree to cosponsor you.

 

Another option is to wait until your girlfriend graduates from college, finds a job, and is earning enough to qualify financially in her own right.

My dad is a US citizen and would be willing to sponsor me but I don’t know how that would satisfy the lease/bank account requirements? I’m living with my dad right now and she stays here when she’s not on campus too, but the lease is in my dads name

[TBoneTX 45,536]

You can document the lease/living arrangement with use of affidavits, as one method.

[IWander 589]

30 minutes ago, WW33 said:

My dad is a US citizen and would be willing to sponsor me but I don’t know how that would satisfy the lease/bank account requirements? I’m living with my dad right now and she stays here when she’s not on campus too, but the lease is in my dads name

Lease/bank account requirement?  Not aware of such....

[pushbrk 12,975]

You are NOT required to have joint leases.  You are reading that FOLLOWING the words, "In addition to the required....."  and followed by "should" and "one or more".

 

If your income will continue from the same source once you immigrate, then YOUR income can be counted and you do NOT need a joint sponsor.

[SalishSea 17,928]

3 hours ago, WW33 said:

Hello my US citizen girlfriend is a college student and has little to no income, can we still get married and apply for my green card so I can live with her? For reference I am a Canadian who is employed remotely and I am already in the USA spending the winter with her. Just unsure what the next best steps or options would be.

 

thank you in advance 

Be aware that working in the US (yes, even remotely) without work authorization is not legal, and could well compromise your ability to get an immigrant visa/green card.   

[HarryWL 262]

Side note, if you did get married now and waited till she graduated college before starting the process, you wouldn't have to go through the removal of conditions process if you got approved after 2 years of marriage. 

[pushbrk 12,975]

2 hours ago, HarryWL said:

Side note, if you did get married now and waited till she graduated college before starting the process, you wouldn't have to go through the removal of conditions process if you got approved after 2 years of marriage. 

"Got approved" is not applicable.  You avoid removing conditions by ENTERING THE USA, two years or more after marriage.

[carmel34 3,639]

11 hours ago, WW33 said:

My dad is a US citizen and would be willing to sponsor me but I don’t know how that would satisfy the lease/bank account requirements? I’m living with my dad right now

Be very careful that you don't stay in the US too long or it could jeopardize your immigration plans later.  If you're "living in the US with your Dad," without the proper visa, it could be a problem.

[mam521 2,103]

16 hours ago, WW33 said:

For reference I am a Canadian who is employed remotely and I am already in the USA

Hopefully not working - this could cause some issues. 

[ShazShaz 34]

Echoing @pushbrk,  I believe joint lease or account is to prove bona fide relationship, not a requirement of financial support. 
 

Meeting income criteria and proving bona fide relationship are 2 important aspects of k1, cr1/ir1 visa. There are multiple ways of proving the relationship, whereby joint lease and financial co-mingling are such examples. I suggest reading the petition form and its corresponding instructions pdf thoroughly will bring more clarity. 
 

Not advocating for either option but a reminder that if you choose the k1 visa, please bear in mind that you will not be able to work (or even remotely) in US until you obtain your EAD. This is especially crucial if you intend to depend on your income instead of your gf/fiancee or father. 
 

If marriage is not anywhere on the cards, perhaps your father should petition you and take the relationship stress away?