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Immigration Issues/Love knows no borders!


I'm a US citizen, a widowed mother, and right now my income is so low that I'm on food stamps.  I'm also a full time University student, about to graduate this year.  On a recent Study Abroad trip to Belize, I met a man and fell in love. Since I, by myself, haven't earned enough income to provide the "affidavit of support" that means we wouldn't be welcome to live in the United States, right? From what I read on the USCIS website, if we got married in Belize: then I would have to come back to the US alone and earn a higher salary for next year's tax return before I could petition the USCIS for permission to have my husband come here to live with me. Is it true that if I marry this man we will not be allowed to live together in the US because I'm too poor?

Dear Veronica:
Unfortunately Immigration Law is too complex and stringent in application; however, it does not mean that there are no ways around.  

It is true that you need to meet the poverty guideline (125%) to file an affidavit of support, however, you may have a joint sponsor if you - as the petitioner - does not meet the required poverty guideline.  The joint sponsor can be a family member, friend, or acquainted.

In the meantime, you may file the immigrant petition (I-130) for your husband after marriage and wait for the case to be approved and transferred to the National Visa Center for processing when you would need to submit the visa fee, affidavit of support fee, and submit the visa applications and affidavit of support with supporting documents.  This might take about 3 months time. So, you may have three months time to start working and have a current job letter with sufficient income; stop food stamps and have a joint sponsor.

Good luck & Best wishes,  

Immigration Issues

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


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