Kyrgyzfriend

1) I am pretty sure it is before taxes. for mine I used gross income (before taxes)

2) All persons living with the sponsor. But be careful when counting in the form, don't count anybody twice.

3) I don't know the answer.. I actually thought you can only have one co-sponsor.. but the option shouldn't matter if they don't need it

2 - In the form it states any dependents 18 or under and spouses need to be counted in the income requirement, so I take it that anyone else living with them doesn't need to be counted, that is as long as they aren't dependent on them financially (that according to their taxes/financial statements).

3 - As for how many joint sponsors you may have, I've heard from an immigration attorney that you can have up to 3 combine their incomes to meet the requirement, though no one else I've talked to seems to know about this. Now on the form it has a spot to add spouses income to meet the requirement (so I'm guessing you can combine your income at least with your spouse), but someone mentioned about if you need to combine your income with your spouse or anyone else to meet the requirement, they would need to fill out an I-864A (which is a form very similar to the I-864, just that it indicates that their income is being combined with yours to meet the requirement).

Hi, my fiancée came over for Christmas and when she arrived, her visa was stamped for 6 months and so since then, she's been here visiting friends, etc. We're planning on getting married before her visa expires and know about the possible risk of visa fraud that we could run into, though have gotten counsel from an Immigration attorney along with friends who have gone through similar situations and the all give us there blessings. A question though we've recently come across is after we get married, how soon should we file the adjustment of status and I-130, and what should we file first or should we file both together? We've heard that it is better to wait a bit afterwards to file, so we don't look as if we're rushing into things simply for her to be able to stay here.

Oh if for any reason we aren't able to get married right now, is there any way for her to apply for an extension of her current visa or apply for a green card?

Hi, my fiancée and I would like to get married before her tourist visa expires in June (she was given 6 month stay) but we're confused when it comes to the various laws surrounding us being able to actually do so. We've done a lot of research on this subject and it looks as if we could, as long as we had no prior intent to get married before she came (which we absolutely didn't), but there's still a lot we don't know/understand. We know there's a lot of forms we need to fill out (like all those involved with adjustment of status, along with an I-130) but how much do they all cost and what's the deal with the Affidavit of Support? I know that in order to be able to be eligible, I would need to make 125% above the poverty level (whatever that currently is), but if I don't qualify (as I probably don't), could a family member or a friend file on my behalf and if so, what's all involved with doing so? Any light you could shine on this subject for us would be greatly appreciated.

I would fill out the application for the EAD - you don't know how long it will take for the greencard,

Also - if you file the AOS (and it's accepted), there is no application fee for the EAD. (there is normally). You can file with the AOS or after (with proof of the AOS filing).

Thanks, is there any other documents we would need, other than that which is required when filing an I-130 and adjustment of status, and when would we need to get a medical exam?

Do we need to fill out an EAD or could we just file for green card and wait for that and what other documents would we need?

Hi there, yesterday I posted a topic entitled adjustment of status due to marriage and had 55 views but no responses. I don't know if no one knew any answers to my questions, but I figured I ask them again. In February I posted a new topic about getting married on/adjusting the status of a tourist visa, which can be found here: http://www.visajourn...-tourist-visa/. Now from the answers we've received and what we've been able to find out on our own, it seems that given our current situation, we'd be able to get married while my fiancée's here and then just file for an adjust of status along with an I-130 without much of any problems. We have 2 additional questions though concerning this...

1. Is there anything else (besides filing an adjustment of status along with an I-130) that would need to be done either before or after we would get married, like getting a physical/various shots, filing working papers (or would the green card take care of that), etc.?

2. Is there any sort of time frame that we would need to get married within before her visa expires or could we get married anytime before then?

That's it for now... Thanks for reading and for any help you may be, we appreciate it!

Hi there, in February I posted a new topic about getting married on/adjusting the status of a tourist visa, which can be found here: http://www.visajourney.com/forums/topic/242590-getting-married-onadjusting-status-of-tourist-visa/. Now from the answers we've received and what we've been able to find out on our own, it seems that given our current situation, we'd be able to get married while my fiancée's here and then just file for an adjust of status along with an I-130 without much of any problems. We have 2 additional questions though concerning this...

1. Is there anything else (besides filing an adjustment of status along with an I-130) that would need to be done either before or after we would get married, like getting a physical/various shots, filing working papers (or would the green card take care of that), etc.

2. Is there any sort of time frame that we would need to get married within before her visa expires or could we get married anytime before then?

That's it for now... Thanks for reading and for any help you may be, we appreciate it!

Adjusting status in this case is a perfectly acceptable and legitimate path. Unless there are reasons to suspect that they married solely for immigration benefit, they will not be subjected to separate interogation. I would expect an uneventful and successful adjustment of status in this case.

Thanks for your help... How long does it usually take to adjust your status, and would that include getting your green card or would we have to apply separately for that?

hi, my fiancée recently came over to visit me and some of her other friends for Christmas/New Years, though when she arrived, she was given 6 months stay. So since she's been given that long, she's decided to stay longer and has since then been doing some more traveling and whatnot. Now we've been engaged for quite sometime and have been talking about getting married and all that jazz, but weren't planning on doing so at this time (as we were only planning she'd be here a month, along with possible issues with visa fraud). Her one friend from back home (who now lives in The States) said that from what she's heard it's possible to get married while on a tourist visa (or almost any visa for that matter, as long as you used the visa for it's intended purpose) and suggested that it might be easier for us to do so. As she mentioned, her cousin had filled for a fiancée visa 3 years ago and they're still reviewing her papers, and if we were to get married in their country, we'd need to file three months in advance and wait for that to be processed before we'd be able to get married (that is if we were to make it legal, so I could then just apply to bring her over as my spouse). So I was wondering, is it possible for us to get married while she's on tourist visa, then just apply for a green card and if so what's all involved with that? Would we need to have an actual traditional wedding ceremony or could we just get married by the justice of the peace? As my fiancée has done a little bit of research on her own and from what she's heard is that, they would give green card based on the actual facts of our marriage (if we really got married and are living together, rather than just so she could get a green card) and so after signing papers of marriage they give about 3 months to have the wedding, and then we could apply for the green card (which she takes to mean that we would need to have an actual traditional wedding ceremony). Also if for any reason we wouldn't be able to get married at this time, would she still be able to apply for a green card or simply extend or adjust the status of her tourist visa?

If she obtains either a B2 or J1 visa and enters the USA, you certainly may marry. Whether she'll need to leave and complete a spouse visa process would depend on the exact circumstances and intent. If she enters with the primary purpose of the internship with Intervarsity, it may be possible to stay and adjust status. See a qualified immigration attorney for advice on that matter after she's here and you are married.

Dan,

Certainly an intention to marry and an intention to immigrate have been expressed by the potential USC spouse but the pursuit of the J1 or B2 visa seems to be with the intent of entry for an internship, not specifically entry to immigrate. We don't know the status of the foreign fiancee's intentions at this point. We can only speculate.

The MAIN REASON she is coming over is to do an internship with InterVarsity (she already has been in talks with InterVarsity about starting the internship in February or March), that's something that is important to the both of us. We would however like to get married if possible but on a B1/B2 visa isn't that illegal as it would be visa fraud and we don't want to do anything that would be illegal. So I don't seem to understand it when you say if she obtains either a B2 or J1 visa and enters the U.S.A., that we can certainly marry. How would we go about doing so without committing visa fraud, it seems to me that any way you slice it, we would be doing so?

If she uses any other visa to stay in the US and adjust status to get her residency, she would be committing fraud. If she uses that other visa to get married and then fly back home until her CR1 or K3 interview is scheduled then that's fine.

To get more info regarding either visa, you can start reading the guides found here in VJ.

Diana

I don't seem to understand, what visas you are talking about? Are you talking about dual intent visas or what???

Entering on a non-immigrant visa (unless it has dual intent) with the intention of circumventing immigration laws is a real no no....

That is all well and good but what sort of dual intent visas are there available?

Chicago couple have kissed for the first time - at their wedding.Claudaniel Fabien, 30, and Melody La Luz, 28, teach abstinence courses in schools and wanted to practice what they preach, reports the Chicago Sun-Times.

So they agreed not to even touch lips until the minister said: "You may now kiss the bride" at their wedding.

"It was surreal," said Mr Fabien of the big moment. "It was like, my other self came out and said, 'Look dude, you're kissing her!'"

His bride described the kiss as "magical". "It feels like such a gift," she said. "When you value a kiss, it becomes something of worth."

The couple met on their way to a mission trip in Uganda in 2006. Miss La Luz had taken a seven-year vow not to date until June 2007, and the two lived in different cities, she in Chicago and he in Tucson.

After the trip, they talked on the phone, visited, and became friends. A year ago, Mr Fabien got a job in Chicago, and the two began dating. He proposed last July, writing "WYMM" in sand on a Miami beach.

http://www.ananova.com/news/story/sm_3105362.html?menu=

Oh wow, that is so sweet to hear that marriage still matters here in America. Sometimes we quickly just get into a relationship for the wrong reason, kissing and telling, that sort of stupid stuff (kind-of like what they do on Sex and the City). I'm so touched by that story and hope and pray that others will learn from this type of story and save these wonderful moments for marriage... It does wonders for your relationship and future marriage.

Also, the Green Card CATEGORY may be religious worker; but the GC issued is by default general, allowing the holder to work at-will.

So the GC that would be issued would allow her to work anywhere in any field? Also would the process for adjusting the status of an "R" visa be the same as an H1B visa and if not, then how would we go about it? The link in the previous post doesn't explain what I'm looking for as I'm looking for information on once my fiancée is in the States, on an "R" visa working for the internship, is it possible to then eventually get married (note: she'd still be working) and then just adjust the status?

Advance parole is a document for USCIS to allow someone still in process of getting a Green Card to return to the US from a foreign country.

On H1-b (and many other work visas--but NOT true of TN-1***), a tempworker who gets married to a USC can do one of the following:

• continue on temp work visa till GC in hand, using the temp visa both as work permit (it is restrictive, as it is tied to a specific employer, generally)
• file I-131/I-765 for AP and EAD (the EAD removes the employer restriction, but invalidates the temp visa)

***TN-1 is a (theoretically) non-dual-intent work visa issued only to Candian citizens, generally at POE or PFI (never at consulate); probably irrelevant to your case however.

How long does it usually take to adjust the status of a H1B visa after marriage and then get a green card. Once she would have a green card would she then be able to travel outside the States without needing advance parole and also change jobs?

You can check the processing time of I-485 (marriage) at your specific USCIS Service Centre, and local office; the original visa status of the applicant is immaterial to the processing time.

Yes, once GC is in hand (including conditional GC, generally given in marriage-based cases) the holder can travel/work generally without issues.

Do you happen to know what's all involved in the process of adjusting a H1B visa and getting a green card, also how long do you suggest (if we'd go this route) we should wait to get married after my fiancée arrives in the States?

Which visa category specifically?

Not sure as to what the visa specifically will be though it will be some sort of workers visa which would allow her to work at InterVarsity for the graphic design internship.

All answers would be unreliable without this information.

Well yes I understand that but I don't know what are all the different work visas available though since most people tend to say a H1B visa is in hand then let's see about that one.

Then I suggest you google "H1B visa dual intent" for your hypothetical question.

Thanks, that doesn't help much at all

H1B workers visa, what exactly is it?

It may be better for her to come on an H1B visa and then adjust status, that way she can keep her H1B status right up until Permanent Residency and still work.

Even is she becomes a citizen of the US I doubt her country will recognize any renunciation of citizenship that's in the US Citizenship oath. Eg. My friend still maintains his Trinidadian citizenship and a Trinidadian passport even though he naturalized as US Citizen. He just uses the Trinidadian passport whenever he goes back home (although he doesn't have to) and the American one when he returns to the US.

Well I know if she does becomes a U.S. citizen then she will lose her Kirghiz citizenship, so that's why she wants to become only a permanent residence instead, so that way she will be able to keep her Kirghiz citizenship.

Advance parole is a document for USCIS to allow someone still in process of getting a Green Card to return to the US from a foreign country.

On H1-b (and many other work visas--but NOT true of TN-1***), a tempworker who gets married to a USC can do one of the following:

• continue on temp work visa till GC in hand, using the temp visa both as work permit (it is restrictive, as it is tied to a specific employer, generally)
• file I-131/I-765 for AP and EAD (the EAD removes the employer restriction, but invalidates the temp visa)

***TN-1 is a (theoretically) non-dual-intent work visa issued only to Candian citizens, generally at POE or PFI (never at consulate); probably irrelevant to your case however.

How long does it usually take to adjust the status of a H1B visa after marriage and then get a green card. Once she would have a green card would she then be able to travel outside the States without needing advance parole and also have the ability to change jobs or is there any other steps we must take before that is allowed?