F-1 to Green Card question

Dodak

New Member
Hello Everyone!

I have been searching for information regarding my situation but have been finding conflicting information...

I have been in the US with a F-1 Visa for the past two years. I've been going to school full-time pursuing my AA and my visa is going to expire this May.

I have a girlfriend of two years who is a US citizen and being together for this time along with my visa expiring made us begin considering getting married. However, she is also going to school and has a part-time job while I haven't worked here in the US given my student status and I'm being supported by my mom who is a green card holder.

After researching, I came across an article saying that the US citizen married to the person applying for a status adjustment has to prove financial capacity to support that person. Could anybody confirm that? For how long(or how much) is she supposed to be able to support me(which she obviously cannot)?

Moreover, as I'm getting done with school I was offered by the international admissions office to apply for Post-completion OPT. Should I do it, or since we are planning on getting married and applying for a green card, I should not apply for one more thing that could mess up the flow of documents and slow my process down?

I talked to a lawyer and she could not answer that with certainty, which worried me. She did say that as I'm 21 and my mom is a just a temporary green card holder I should not expect her status to help me and should follow through with the marriage. Any insights?

Thank you all
 
Hello Everyone!

I have been searching for information regarding my situation but have been finding conflicting information...

I have been in the US with a F-1 Visa for the past two years. I've been going to school full-time pursuing my AA and my visa is going to expire this May.

I have a girlfriend of two years who is a US citizen and being together for this time along with my visa expiring made us begin considering getting married. However, she is also going to school and has a part-time job while I haven't worked here in the US given my student status and I'm being supported by my mom who is a green card holder.

After researching, I came across an article saying that the US citizen married to the person applying for a status adjustment has to prove financial capacity to support that person. Could anybody confirm that? For how long(or how much) is she supposed to be able to support me(which she obviously cannot)?

Moreover, as I'm getting done with school I was offered by the international admissions office to apply for Post-completion OPT. Should I do it, or since we are planning on getting married and applying for a green card, I should not apply for one more thing that could mess up the flow of documents and slow my process down?

I talked to a lawyer and she could not answer that with certainty, which worried me. She did say that as I'm 21 and my mom is a just a temporary green card holder I should not expect her status to help me and should follow through with the marriage. Any insights?

Thank you all

Hi Dodak.

I don't have an answer to all your questions but I recommend you review the 2 links listed below for a better understanding of the process.

Affidavit of Support: https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

Green Card Via Marriage to U.S. Citizen: https://www.uscis.gov/green-card/gr...een-card-immediate-relative-us-citizen#inside

Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

I'm sure others with more experience will be able to clarify some of your questions but I'm sure that by checking out these links, you will have a better understanding.
 
First of all, visas are only for entry; if you are not entering, you don't have to worry about the visa expiring. Your student status lasts indefinitely as long as you have a valid I-20 and are in good standing.

If you are to immigrate through your spouse, your spouse will have to sign an Affidavit of Support. Their current income will need to be 125% of the poverty level as shown here; for a household size of 2, it's about $20k. Your income can also be counted if you work. If the income is insufficient, assets can also be used with $3 of assets for $1 of missing income. If that is insufficient, you will need to find a joint sponsor whose household income is sufficient, who also signs an Affidavit of Support; the joint sponsor can be any USC or LPR living in the US, including her parent or your parent. Signing the Affidavit of Support doesn't affect the sponsor who signs it except when 1) you sue the sponsor when they are not supplementing your income to 125% of poverty level, or 2) you use some kind of need-based government assistance because your income isn't being supplemented to 125% of poverty level, and the government sues the sponsor. The obligations of the Affidavit of Support last indefinitely, until you become a citizen, or you earn 40 quarters (10 years) of Social Security credits, including credits you earn and ones your spouse earns when married to you, or you abandon permanent residency and leave the US, or you are granted adjustment of status again on a different basis, or you die, or the sponsor dies.

OPT will likely be denied if you apply for Adjustment of Status before applying for OPT or while the OPT application is pending.
 
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