F1 student marrying unemployed US citizen

J

JAUS

New Member
I am planning on marrying my boyfriend who is a US citizen. I finished grad school a few months ago and I am now job hunting on OPT. My boyfriend won't finish his degree program until Summer 2012. He goes to school full time and doesn't work. We plan on getting married soon and I was wondering if there would be a problem adjusting my status since he does not work. I know he would not be able to file the Affidavit of Support. His mother is willing to act as my sponsor since he lives with her. The issue is he has never filed taxes for himself. I was told by a friend of mine that since he has never filed taxes, he would not be able to petition for me at all. I just want to validate this information. Also, I currently have my EAD for OPT and would like to know if I would need to apply for a new EAD after we get married or if I would be able to work on the EAD I currently have.
 
You should be able to adjust your status since his mother has agreed to file the Affidavit of support (form I-864). Form I-130 is what determine wether he will be able to petition for you or not. Form I-864 just tells the govt that you won't become a public charge after your green card, hence the joint sponsor which your future mother-in-law has agreed to be. Note though, regardless of joint sponsor, your boyfriend too must fill out form I-864 even though he is not working. And since you said you have EAD, i guess you are working?If that is the case, you can sponsor yourself if you income is enough. Goodluck
 
Thank you for your help immiresearch.

TheRealCanadian, I don't believe that answered either of my two questions.
 
It must be love because, this does not sound like a marraige of convenience. It sounds like a struggle for a young couple fresh out of, and soon to be out of, school.

Good Luck.
 
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