New Topic about Marriage Petitioning

needing answers

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Hello, It's me again but new topic. Ok my husband and I being married (I a US citizen and he overstayed a tourist B2 visa expired 2005) when I file petition for spouse and AOS, Is it bad that he is in community college? Someone told me he would get sent back to mexico for being in community college if he is out of status.... and also they said that its bad that his name is on our checking account (he doesn't work and neither do I, my parents give us money to put in our account, small amounts like $150 or so a week or two) Please advise me if this is correct? Thanks
 
Neither of those statements is correct.
It is fine he is studying and it is fine you have a joint account.

But you better get a job! or a good co-sponsor to sign the I-864 with you. You two need to show joint assets.
 
My mom is taking care of me right now because I am in overflow of college.. I'm taking 17 hours now and 13 during the summer (nursing major). Lol... I relly can't work right now because of that... I don't have to have income to sign my affidavit of support as long as my mom files a joint one right?
And it's ok that he is in college even though his visa expired? And the other day you said that the stuff I listed for bonafide marriage documents wasn't enough but I could add to it, what could I add?
 
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Well, if your question is if your husband is authorized to study in the US, the answer would be no, because he is not even authorized to be present in the US. Keep in mind also that it's not the visa expiration date that's important for purposes of his presence. He fell out of status when his period of authorized stay on the I-94 expired (bad), and he starts accruing unlawful presence at age 18 (worse). But studying or having a bank account will not make it worse than it already is (illegal employment could make it worse). It's good that both of you are striving for higher education at your age and I hope USCIS would agree. Whatever money you could earn now if you were to work instead of getting a degree, you'll make it up quickly with a college degree. What may get him in legal trouble is if he misrepresented facts on his college application or his bank account application.
 
He didn't do that so he is good. We hope we're on the right track with this!!!! We hadn't planned on doing all this filing stuff now we were gonna wait until we got on our feet on our own but his situation won't allow that! College is SOO expensive and he wants to be able to work..... So hopefully everything will go well and we'll not mess up somewhere along the line.
PratXI, you had told me earlier that there were things that we could add to our bona fide marriage documentations that we already have as a young couple that would help. Could you tell me what those are?
 
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