Can this situation see the light of the day?

[dipc1]

Greetings folks.
I need your advice/suggestions on the last and perhaps the most important decision of my life as far as US immigration is concerned.

We are newly naturalized US citizens and at this point of time contemplating our daughter’s marriage to a F1 OPT visa holder who is just out of college and seeking a job or may continue to a grad school.

My daughter is also at a grad school after been employed for about 2 years and has no real income at this moment.

In the event we decide to go ahead with the marriage, can my daughter file for our son-in- law’s AOS based on the marriage, given that she does not have a job and (might be) living miles apart from her husband, the beneficiary?

Can we as parents sign the affidavit of support since my daughter will be in school till 2010?

Where should the application be initiated from - my daughter’s state of residence or my son-in-law’s?

To sum all our concerns – is this AOS application feasible at all to see the light of the day under the present arrangement?

Thank You all.

 

[thomas_psu]

My daughter is also at a grad school after been employed for about 2 years and has no real income at this moment.

Is your daughter a US citizen? If that is not the case then the rest of the questions will need different answers. Assuming she is...

In the event we decide to go ahead with the marriage, can my daughter file for our son-in- law’s AOS based on the marriage, given that she does not have a job and (might be) living miles apart from her husband, the beneficiary?

if the application is a marriage based AOS, then your daughter has to be the primary sponsor (with whatever little money she earns in grad school). But, you or someone else can be a co/joint sponsor on that application. This, I assume, would take it over the monetary requirements.

Can we as parents sign the affidavit of support since my daughter will be in school till 2010?

See above. Yes, as co-sponsors

Where should the application be initiated from - my daughter’s state of residence or my son-in-law’s?

your daughter files the I-130 petition to NBC in chicago. All applications are presently sent to the USCIS lock box in Chicago

To sum all our concerns – is this AOS application feasible at all to see the light of the day under the present arrangement?

Of course it is feasible. The concern is that can you (your daughter and her future husband) show that the marriage is real and not done for immigration purposes. It is not impossible, but living separately makes things a tad more difficult.

 

[dipc1]

Is your daughter a US citizen? If that is not the case then the rest of the questions will need different answers. Assuming she is...



if the application is a marriage based AOS, then your daughter has to be the primary sponsor (with whatever little money she earns in grad school). But, you or someone else can be a co/joint sponsor on that application. This, I assume, would take it over the monetary requirements.



See above. Yes, as co-sponsors



your daughter files the I-130 petition to NBC in chicago. All applications are presently sent to the USCIS lock box in Chicago



Of course it is feasible. The concern is that can you (your daughter and her future husband) show that the marriage is real and not done for immigration purposes. It is not impossible, but living separately makes things a tad more difficult.

------------

Thanks Thomas for your response.

My daughter is an US citizen too.

But you are right in your apprehension about the post marriage cohibition under the present circumstances. If my would be son-in-law joins her at the same grad school, then much of it is alleviated but if he finds a job else where then it really raises flags. The onus to prove bonafide is upon us and that's the concern.

Thank you again.

 

[thomas_psu]

There are several options:
1. have a wedding with family present
2. start joint accounts, life insurance, joint credit cards, cell phone plan etc.
3. provide reason for living separately while showing visits to each other.

when you file you have to provide a limited set of evidence (marriage cert, some other documentation). But they can start documenting their life together and by the time of the interview (3-4 months) there might be enough evidence. The IO looks for bonafide marriage, that is the bottom line.

Good luck anyway...