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

[HarryWL 262]

10 hours ago, pushbrk said:

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

 

Yes by "got approved" I meant waiting 2 years before applying, for the same result. 

Edited January 3 by HarryWL

[WW33 0]

3 hours ago, mam521 said:

Hopefully not working - this could cause some issues. 

It seems like getting married and then going back to Canada before applying for the IV could be the option that makes more sense, my concern with that route is does it not take much longer to get the green card?
 

 

It would certainly be easier for me to explain the living apart aspect

[SalishSea 16,775]

10 minutes ago, WW33 said:

It seems like getting married and then going back to Canada before applying for the IV could be the option that makes more sense, my concern with that route is does it not take much longer to get the green card?
 

 

It would certainly be easier for me to explain the living apart aspect

Much longer than what?   Getting a green card via the K-1 process takes much, much longer.   Please do some reading about the K-1 and adjustment of status.  
 

Also, you have t really responded re:  working in the U.S. illegally.   That could create problems later on for you.

Edited January 3 by SalishSea

[pushbrk 12,115]

37 minutes ago, HarryWL said:

 

Yes by "got approved" I meant waiting 2 years before applying, for the same result. 

The process is taking almost two years now.  No need to "wait" to start the process.  Again, the two years is not about when you file the petition.  It's when the spouse immigrant enters the USA.  Neither what you originally said, or what you said you meant, reflect truth.

[mam521 1,725]

29 minutes ago, WW33 said:

my concern with that route is does it not take much longer to get the green card?

If you get married and apply for consular processing, you enter the US with a greencard in hand, able to apply for a SSN and work straight out of the gate.  

 

If you get married and adjust status right now, you cannot work until work authorization is issued, you cannot leave the US until your travel document is issued, you have to not only adjust status, but will have to remove conditions on your 2 year, conditional green card (when you finally get it).  

 

Not sure how you two would survive financially without you able to work for likely 8-10 months.  

 

You still haven't said if you're working remotely.  This is prohibited.  If you are working remotely, I suggest you stop immediately.  That can cause complications with your case, no matter what direction you choose to take on your immigration journey.  

[WW33 0]

1 hour ago, mam521 said:

If you get married and apply for consular processing, you enter the US with a greencard in hand, able to apply for a SSN and work straight out of the gate.  

 

If you get married and adjust status right now, you cannot work until work authorization is issued, you cannot leave the US until your travel document is issued, you have to not only adjust status, but will have to remove conditions on your 2 year, conditional green card (when you finally get it).  

 

Not sure how you two would survive financially without you able to work for likely 8-10 months.  

 

You still haven't said if you're working remotely.  This is prohibited.  If you are working remotely, I suggest you stop immediately.  That can cause complications with your case, no matter what direction you choose to take on your immigration journey.  

Do you know how long that process takes compared to me just staying in the US right now and then doing AOS? I see in your profile it took you 2 years, would you have gotten things done quicker via being in US?
 

I am working currently yes but I am only here visiting my dad, I haven’t gotten married yet. 

[WW33 0]

1 hour ago, SalishSea said:

Much longer than what?   Getting a green card via the K-1 process takes much, much longer.   Please do some reading about the K-1 and adjustment of status.  
 

Also, you have t really responded re:  working in the U.S. illegally.   That could create problems later on for you.

I meant much longer than applying for marriage green card without leaving the US. Like if I just stay here instead of going back to Canada

[SalishSea 16,775]

4 hours ago, WW33 said:

I meant much longer than applying for marriage green card without leaving the US. Like if I just stay here instead of going back to Canada

As has been mentioned in this thread, you will not receive work authorization or be able to return to Canada for up to 8 months if you stay to adjust status.

 

I can't imagine that would be possible in your situation, with a GF who has no income.  Most people cannot afford to not work for 8 months.

Edited January 4 by SalishSea

[mam521 1,725]

16 hours ago, WW33 said:

Do you know how long that process takes compared to me just staying in the US right now and then doing AOS? I see in your profile it took you 2 years, would you have gotten things done quicker via being in US?
 

I am working currently yes but I am only here visiting my dad, I haven’t gotten married yet. 

 

Dealing with USCIS is one of the most unfun things you can do and you want to minimize it as much as humanly possible!  Do consular processing.  Avoid AOS and hopefully ROC. 

 

While my process was pending, I could travel to and from the US, I could visit my spouse and he could visit me, we could travel internationally and most importantly, I could work my job in Canada.  

 

After I interviewed at the Consulate, I entered the US with my greencard in hand.  I didn't have to do anything else.  I walked into the SSA and got my SSN, I could travel in and out of the US freely, I started accruing time towards my citizenship.  We chose to enter 1 day after our 2 year wedding anniversary so my kids and I would receive 10 year greencards and not have to go through the headache of removal of conditions (ROC).  

 

If you adjust, you can't work initially (and you're currently breaking the law with potential impact by working remotely despite it being for a job in Canada, FYI), you can't travel outside of the US initially, you have to pay to adjust, then pay again to remove conditions.  Removing conditions, if you read on here, can be a pain and often people aren't issued their 10 year greencards in due time and are stuck with extension letters and a ton of hassles dealing with USCIS. I also don't know how your approval odds would be considering you'd have ZERO income between the two of you. 

 

As an outsider looking in, it makes a helluva lot more sense for you to go back to Canada, keep working and apply for consular processing.  You can keep visiting as you have, but put as much money away as you can and don't serve as a distraction to your partner so she can finish school and get a job to sponsor you.  As I've said many times before, immigration is a privilege, not a right and the amount of time it takes to get through the process properly is minor when you consider marriage is supposed to be a life long commitment.  Additionally, starting a marriage under financial duress is a surefire way to end up on the short path to divorce court.  

 

 

 

[WW33 0]

5 hours ago, mam521 said:

 

Dealing with USCIS is one of the most unfun things you can do and you want to minimize it as much as humanly possible!  Do consular processing.  Avoid AOS and hopefully ROC. 

 

While my process was pending, I could travel to and from the US, I could visit my spouse and he could visit me, we could travel internationally and most importantly, I could work my job in Canada.  

 

After I interviewed at the Consulate, I entered the US with my greencard in hand.  I didn't have to do anything else.  I walked into the SSA and got my SSN, I could travel in and out of the US freely, I started accruing time towards my citizenship.  We chose to enter 1 day after our 2 year wedding anniversary so my kids and I would receive 10 year greencards and not have to go through the headache of removal of conditions (ROC).  

 

If you adjust, you can't work initially (and you're currently breaking the law with potential impact by working remotely despite it being for a job in Canada, FYI), you can't travel outside of the US initially, you have to pay to adjust, then pay again to remove conditions.  Removing conditions, if you read on here, can be a pain and often people aren't issued their 10 year greencards in due time and are stuck with extension letters and a ton of hassles dealing with USCIS. I also don't know how your approval odds would be considering you'd have ZERO income between the two of you. 

 

As an outsider looking in, it makes a helluva lot more sense for you to go back to Canada, keep working and apply for consular processing.  You can keep visiting as you have, but put as much money away as you can and don't serve as a distraction to your partner so she can finish school and get a job to sponsor you.  As I've said many times before, immigration is a privilege, not a right and the amount of time it takes to get through the process properly is minor when you consider marriage is supposed to be a life long commitment.  Additionally, starting a marriage under financial duress is a surefire way to end up on the short path to divorce court.  

 

 

 

Thank you this makes so much sense and I value your perspective since you’re Canadian too.  A couple of points I am wondering about should I choose to do it the way you have outlined:

 

1. Me and my partner don’t really communicate too much over text or FaceTime. We still talk a couple of times per day when we are away from each other through text, but would there not be some issues proving bona fide relationship if we are long distance? What did you submit/what was required? We only started dating within the past year so we don’t have too many photos yet either.

 

2. do you know if my Canadian employer income could be used to help our financials on the application if I am working in Canada?

[pushbrk 12,115]

1 hour ago, WW33 said:

Thank you this makes so much sense and I value your perspective since you’re Canadian too.  A couple of points I am wondering about should I choose to do it the way you have outlined:

 

1. Me and my partner don’t really communicate too much over text or FaceTime. We still talk a couple of times per day when we are away from each other through text, but would there not be some issues proving bona fide relationship if we are long distance? What did you submit/what was required? We only started dating within the past year so we don’t have too many photos yet either.

 

2. do you know if my Canadian employer income could be used to help our financials on the application if I am working in Canada?

Your best relationship evidence is evidence of time spent together in person, not texts.

 

When the time comes for the affidavit of support (in a year or so) if you have documentation from your employer that your income will continue from the same source, then yes, your income can be used to qualify to "effectively" self sponsor.  You wife is the sponsor but qualifies using your income.

[Ontarkie 13,917]

I'm going to be the odd duck here and say to AOS. You are already in the US and yes working when you should not be. If this is ever found out the next time you cross kiss your ability to come back goodbye. That is until you get the spousal visa approved. Another issue is the way Montreal is handing out the DS5535 like candy. If you get caught up in with that form you can add another yr to your process. 

 

Since working without authorization is forgiven to spouses of USC get married and get the ball rolling now. 

How long is AOS taking these days? It's always possible he would get the 10y card if things are still going slow. 

[Ontarkie 13,917]

~~Moved to What Visa DO I Need, from IR1/CR1- as the OP is looking into options~~

[mam521 1,725]

16 hours ago, Ontarkie said:

I'm going to be the odd duck here and say to AOS. You are already in the US and yes working when you should not be. If this is ever found out the next time you cross kiss your ability to come back goodbye. That is until you get the spousal visa approved. Another issue is the way Montreal is handing out the DS5535 like candy. If you get caught up in with that form you can add another yr to your process. 

 

Since working without authorization is forgiven to spouses of USC get married and get the ball rolling now. 

How long is AOS taking these days? It's always possible he would get the 10y card if things are still going slow. 

How do you live off of ZERO income for 8-10 months until EAD comes?  Yeah, the OP is living with his father, but is still earning an income.  Does one really keep on working illegally, with the hope that the violation is forgiven?  Would the Canadian employer even allow remote work from the US? I'd think that is NOT advisable.