This & that issues

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supermedic

Registered Users (C)
Hi Everyone

First of all I would like to say that this forum is a Godsend!

Secondly, I am not even sure where to begin.......

I am engaged to a lovely gentleman from the United Kingdom (northern ireland) specifically, and was wondering what our best route would be to get married and him stay and work legally here.

It is a real marriage, and he is not just trying to get in to get a green card - though i know alot of IO assume that, and with so much fraud it is no wonder they assume it. My question is simple.

Can he come in on a B tourist visa, and then change that status to student - he does want to go to to school, then after student we could get married and change status to spouse.

Fiance visa is impossible as we do not have a sponsor... Just can't get someone who is willing to put up everything they own for collateral in case of a car wreck or some unforeseen thing to make him a ward of the state.

My other option we have looked at is the cruise ship. Is there any truth to the fact that if you get married on a cruise ship in international waters, that the US is therefore forced to accept the marriage and we then he gets a green card etc?

Thanks ahead for your help!! I am so confused and frustrated I just feel like giving up..
 
You will need a financial sponsor regardless of which route you take. So start looking for one and stick to the K-1 route.

supermedic said:
Can he come in on a B tourist visa, and then change that status to student - he does want to go to to school, then after student we could get married and change status to spouse.

Fiance visa is impossible as we do not have a sponsor...
Click to expand...
 
Hi

Hi thanks for your prompt reply..


On the student visa, what we were told is by the college that they require the 12,500 to be in a bank account - but it is not earmarked - i.e not held for collateral, and that the immigration person at the college said he has never seen the govt reject that as proof of sponsorship, my parents are willing to be the sponsor for school............

And also, how much in "assets" does a sponsor need to show??? I am disabled and do not qualify for a sponsor..
 
supermedic said:
Hi thanks for your prompt reply..


On the student visa, what we were told is by the college that they require the 12,500 to be in a bank account - but it is not earmarked - i.e not held for collateral, and that the immigration person at the college said he has never seen the govt reject that as proof of sponsorship, my parents are willing to be the sponsor for school............

And also, how much in "assets" does a sponsor need to show??? I am disabled and do not qualify for a sponsor..
Click to expand...

Depending on where you live, the amount you need to show is found at: http://www.uscis.gov/files/form/i-864p.pdf

If you get SSDI (Social Security Disability based on having previously worked) it counts for the I-864. SSI (means tested welfare benefit) does not count for I-864.

The F-1 student visa is technically a nonimmigrant visa where he has to show that he plans to leave when he graduates. Having said that, many students do change status to H1-B based on their degree and the law was changed to let them get additional 17 months work authorization after they graduate while the H1-B petition is in process (know as the CAP Gap provision). If his prospects are good in that regard, then that might be the way to go. If he can parlay that H1-B into an employment based Immigrant Visa then you don't need a financial sponsor or I-864 because of his employment.

You need very large assets to count them on the I-864, few can qualify that way---read the form instructions.
 
I get SSDI, though I only get around 9000 a year... not the 12,500 poverty level mark - would I still qualify as a sponsor?
 
I see that, though have nobody for a co-sponsor --- I just can't find someone willing to lose everything they own is ricky is in a car wreck etc
 
I understand completely why they would not do so. I would not.

Do you have other assets that could count?

If your spouse can get a dual intent work visa, there are ways that income can be used. I suggest you meet with an attorney (a social service agency or legal clinic provides low cost or free consultations) to develop a plan.
 
You could file an I-129F and bring him as Fiance. If he can show enough money to support himself in the U.S. for 90 days, an affidavit from you may not be required. If he needs help with that, it only requires an I-134, Affidavit of Support that gets replaced by the I-864 a short time later. Hopefully, you can get someone to make a shorter term, smaller commitment to help you out, IF that is even required. As he would be entering as a nonimmigrant for 90 days only, that is less of a scary prospect for a co-sponsor and does not require as much income so you may be able to get by without any help.

On the day he arrives, he files an I-765 for work authorization. Get married within 90 days and file the AOS pack--I-485, I-131 and another I-765.

Do not file the I-864 up front, wait until they request it.

The 90 days is the time limit to get married BUT it is NOT the time limit to file the I-485. If you marry AFTER 90 days and he can still adjust BUT you will have to file an I-130 in addition to everything else (an extra $420).

You can delay the I-485 filing but in your case that might be bad because you want him to be able to work legally so you can use his income to qualify him for an immigrant visa. Once he gets a fiance EAD (Employment Authorization Document) and starts working you can delay filing the AOS pack as long as possible until the EAD is about to expire and that will allow him to continue working legally and eventually he'll get the new EAD and after that a greencard. In the meantime he can at least find a part time job (ASAP--before or after you get married) to make up the difference between what you get and the minimum amount needed to qualify and you can count his income on your I-864.

The initial greencard will be a 2 year conditional card. Within the last 3 months of his greencard validity, you file a joint petition I-751 to lift his conditions. Once he gets a greencard, he can start school while working part time and eventually he'll graduate and get a better job. Once the conditions are lifted off his status, all that time counts towards naturalization. He can file an N-400 after being a lawful permanent resident for 2 yr, 9 month and 1 day, if otherwise eligible. The marriage will have to have lasted a FULL 3 years before he can file the N-400, but some time will be eaten up by the processing of the I-485.

SEE: http://www.uscis.gov/USCIS/Resources/A2en.pdf AND http://www.uscis.gov/portal/site/us...nnel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD AND http://travel.state.gov/visa/immigrants/types/types_2994.html#8
 
supermedic said:
Hi Everyone

First of all I would like to say that this forum is a Godsend!

Secondly, I am not even sure where to begin.......

I am engaged to a lovely gentleman from the United Kingdom (northern ireland) specifically, and was wondering what our best route would be to get married and him stay and work legally here.

It is a real marriage, and he is not just trying to get in to get a green card - though i know alot of IO assume that, and with so much fraud it is no wonder they assume it. My question is simple.

Can he come in on a B tourist visa, and then change that status to student - he does want to go to to school, then after student we could get married and change status to spouse.

Fiance visa is impossible as we do not have a sponsor... Just can't get someone who is willing to put up everything they own for collateral in case of a car wreck or some unforeseen thing to make him a ward of the state.

My other option we have looked at is the cruise ship. Is there any truth to the fact that if you get married on a cruise ship in international waters, that the US is therefore forced to accept the marriage and we then he gets a green card etc?

Thanks ahead for your help!! I am so confused and frustrated I just feel like giving up..
Click to expand...


can you guys speculate on this ?
 
But how much should be in said bank balance???
For example, I know an affidavit of support has to be at least above federal poverty guideline @ 12,500
 
supermedic said:
But how much should be in said bank balance???
For example, I know an affidavit of support has to be at least above federal poverty guideline @ 12,500
Click to expand...

Based on a household size of 2 (you and him) the I-864P lists a minimum of $18,212 (125% of poverty level). That is for 12 months, so for 1 months that is $1,518 x 3 months is $4,554 (for 2 people). OR in the alternative, the I-864P lists the "additional per person amount at 125% poverty level per year" as $4,675 (that's for a whole year).

Where did you come up with the $12,500 figure? (That is incorrect for I-864 purposes). Your SSDI income: $767/mo x 12 months = $9,204/yr (The I-134 IF needed, allows you to list specific contributions such as shelter for the duration of stay (that is the 90 day period of the K-1).

$18,212-9,204=9,008 needed from his work income per year. If making $174/week x 52 weeks/yr = $9,048 (at the current federal minimum wage of $7.25/hr would need 1,261.5 hrs/yr / 52 weeks/yr = a little over 24 hrs/wk. An ordinary part time minimum wage jobs will help you meet the I-864 requirements. Probably he can do better right away, but the minimum needed is not much. The basic national average starting pay for making coffee at Starbucks is $8.60/hr as an example, but varies by location, it is $14/hr in Seattle while $10/hr in LA and NYC.

Many states have a minimum wage higher than the federal minimum. 13 states plus D.C. and Guam all have minimums above the federal minimum. [Certain jobs where tpis are customary have lower hourly minimums across the board (food servers, bartenders, and barbers as examples). Day laborers in construction usually make $15 to $25/hr or more in the U.S.]
 
But how is he having to show a household size of 2?? As we will not be living together, he will be staying with my parents?
 
Marriage to a USC does not guarantee a GC.

BigJoe5 gave you a very detailed suggestion. An immigration professional may have others once your complete financial situation is evaluated.

You realize that just because you are on SSDI does not prevent you from working part time and making up to about $800/mo (check the SSA website for the exact number) without losing benefits.

I cannot understand how you are surviving on your own with your small SSDI income. You must have some other source of support.
 
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