Applying for a Green Card After Marriage: Process for F-1 Visa Holder and Income Requirements

S

SolsticeKnight

New Member
What are the necessary steps to apply for a green card after marriage for my F-1 visa holder girlfriend? Can I petition for her if I do not have any income?

Additional Information:
  • I am a US citizen.
  • Both my girlfriend and I will be graduating university next spring.
  • My girlfriend currently holds an F-1 visa and intends to begin her OPT after graduation.
  • I plan to pursue law school.
  • We are seeking guidance on the correct process for obtaining a green card and whether there are income requirements for sponsoring her application.
 
You can petition (I-130) her without income, but presumably you would be filing that with her I-485 for Adjustment of Status (the process of getting a green card from within the US), and I-485 will require an I-864 Affidavit of Support from the petitioner (you). The I-864 requires that your household income is at least 125% of the poverty level. Your wife's income can be counted in your household income. Also, assets can be counted, with $3 of assets substituting for $1 of income. But if that is not sufficient, then you guys will need to find a "joint sponsor" whose household income is sufficient, who is willing to fill out a second I-864 for your wife (you would still have to file an I-864 in that case, so there would be two I-864s).
 
newacct said:
You can petition (I-130) her without income, but presumably you would be filing that with her I-485 for Adjustment of Status (the process of getting a green card from within the US), and I-485 will require an I-864 Affidavit of Support from the petitioner (you). The I-864 requires that your household income is at least 125% of the poverty level. Your wife's income can be counted in your household income. Also, assets can be counted, with $3 of assets substituting for $1 of income. But if that is not sufficient, then you guys will need to find a "joint sponsor" whose household income is sufficient, who is willing to fill out a second I-864 for your wife (you would still have to file an I-864 in that case, so there would be two I-864s).
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Dear newacct,

Thank you for your prompt response and for clarifying the process for applying for a green card for my wife after our marriage. Your guidance has been incredibly helpful. I have a few follow-up questions to ensure that we understand the process and potential pitfalls accurately:

1. Regarding the I-864 Affidavit of Support:
- In the case where we will be newly married and have not yet filed joint tax returns, can my wife's income be immediately counted in our household income?

2. Are there any common pitfalls or challenges that applicants often face during the I-130 and I-485 process? Are there any specific documents or details we should pay extra attention to in order to avoid delays or complications?

We truly appreciate your assistance and expertise.
 
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