USC marrying a foreign student

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gc4parents

Registered Users (C)
Hi everyone.
I was posting to this forum many years ago, when I've sponsored my parents. Now after 5+ years I come across of another immigration issue:

I'm an American citizen and I want to marry my girlfriend. She is here a student and her immigration status is based on her parents E2 visa. The problem is that she'll be next year 21 and I understood that being over 21 she'll not be able to stay legally in the US based on her parents visa. We love each other and sooner or later we have plans to get married anyway...but right now I think it should be sooner than later because we don't want to be separated when she'll be 21 and then to start all nine yards with "fiancee visa", waiting to the consulate in her country and God knows when we'll be able to be together again...
So, she's here, we live together what can we do to start the family (get married) and get her GC a.s.a.p.
Please, any advice and guidance how to start this process will be appreciated.

Thank you:)
 
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Quick question: in order to sponsor my wife I have to have an income above 125% of the Poverty Guideline.

Can my wife's part-time income be considered (combined with mine) to meet the 125% Poverty Guideline?
 
gc4parents said:
Quick question: in order to sponsor my wife I have to have an income above 125% of the Poverty Guideline.

Can my wife's part-time income be considered (combined with mine) to meet the 125% Poverty Guideline?
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Depends on the nature of the job. Her job must be legally authorized employment, and expected to continue after she receives the green card. So something like a summer internship would not qualify unless there was also an offer for ongoing employment after the internship.

The children of E2 visa holders are not eligible to work based on their E visa status, only the spouse is eligible to work. Are you sure she's working legally? Did she change her status to something else that allows part-time work, like F1?
 
Jackolantern said:
Depends on the nature of the job. Her job must be legally authorized employment, and expected to continue after she receives the green card. So something like a summer internship would not qualify unless there was also an offer for ongoing employment after the internship.

The children of E2 visa holders are not eligible to work based on their E visa status, only the spouse is eligible to work. Are you sure she's working legally? Did she change her status to something else that allows part-time work, like F1?
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Thank you (and to MarineWife) for reply.

She's not working now, she's a student but we were thinking that she may get a part time job...not knowing that she being the daughter of an E2 visa holder she's not allowed to work...

We don't have anyone to co-sponsor her, so the only way to meet the 125% Poverty Guideline is my income...

BTW assets (like money in the saving account, a new car, etc) count for anything?
 
For a case based on marriage to a US citizen, every $3 of (allowable) assets offsets the income requirement by $1.

Money in a savings account definitely counts. A car will count only if you have more than one car, and you have to get the car appraised and subtract the loan balance from the appraised value of the car.
 
u.s student marrying an out of status student

Hi you guys, so I have been with my bf for over a year now and while in school last summer he had lost his F-1 status because his coach didn't help him to renew it but he is still able to attend school, he just cannot play soccer anymore which was one of the reasons he came here. He had a soccer scholarship and was able to attend school. So right now with his out of status state, we want to get married so that he can at least get a job and get a green card to start things off. There is also a baby in the picture so that is why its really important right now for him to get a part-time job while going to school at the same time. I am a U.S citizen however I am only 19 and a college student,does the age matter? He is also 22 and he came here at the age of 16. Can someone please tell me if it possible for our marriage to work out and what we will face as were are getting closer to make things happen. Any imformation given will be greatly appreciated
 
Abena, no the age is not a factor. You're both young, however old enough to marry, and close in age so there is no suspicious discrepancy. You probably need a financial cosponsor to meet the income requirements.

Being a former F1 myself and knowing about the SEVIS system, proceed cautiously and/or quickly because him falling out of status generates a red flag in the SEVIS system and he might be getting an unpleasant visit from ICE that you want to avoid.

Finally, congratulations on the storks visit!! I however hope you are getting married MAINLY because you love each other and are both fully committed to make the marriage work, NOT "just" because of baby and to get him a green card/status/work permit.

Best!
 
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AbenaKonadu said:
Hi you guys, so I have been with my bf for over a year now and while in school last summer he had lost his F-1 status because his coach didn't help him to renew it but he is still able to attend school, he just cannot play soccer anymore which was one of the reasons he came here.
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If he can still attend school, why has he lost his status? F-1 status is not maintained by playing sports, it's maintained by attending classes.
 
That is generally correct. The Academic/Scholarship Office is probably not talking to the International Student Office because there is an inconsistency there. Out of status for immigration purposes means out of status for everything including attending classes, taking exams, playing sports, or scholarship purposes.

Unless of course he is in one of the states that allows illegals [I use the term loosely] to attend college. In that case the school may be allowing him to attend classes on that basis but denying his scholarship. That is very possible though shows inconsistency in their policy administration.

Jackolantern said:
If he can still attend school, why has he lost his status? F-1 status is not maintained by playing sports, it's maintained by attending classes.
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The key here is what the OP meant by "he can still attend school". If it means they kicked him off or suspended him from the team or deemed him ineligible to play for academic/administrative reasons, but preserved his scholarship or he has other ways of paying tuition, he can maintain his status by attending classes without playing for the team.

More information is needed -- did he stop attending classes? Did he lose his scholarship?
 
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