USBound

Currently i'm on H1b (18months left, no renewals left).

My wife is a USC and on here (AndysWiffy) and i just read through a couple of the posts on here and it got me a little worried.

What are the requirements for us to file for green card based on marriage? I read several hints at "sponsorship" and wondered exactly what that meant?

We are in talks with lawyers right now and should be filing (given a little luck) before the end of the year pending sorting out some paperwork issues... it just worries me that this is something the lawyers haven't mentioned at all.

thanks for any help

Andy

Noorah101

The "sponsorship" you mention is most likely referring to the Affidavit of Support, Form I-864. Your USC wife must earn a certain level of income to sponsor you for permanent residency. If she does not earn that level of income, she can use assets at 3x the amount she would have needed in income, or she can get a joint sponsor who does qualify.

Details can be found at www.uscis.gov, Immigration Forms, I-864 and I-864P. I-864 is the form and instructions. I-864P is the chart which shows the level of income needed for different household sizes (look at the 125% column).

Best Wishes,
Rene

Rete

Rene's advice is usually spot on and therefore, I'm wondering if they have changed things in regards to the I-864. Since you two are married and have been for a while why your income cannot be used as well on the I-864 since you have resided in the same household for more than six months.

She is sponsoring you for the green card if you are going the marriage based route or if you going the sponsorship by employer based. This is separate from the affidavit of support.

Noorah101

Rete is correct. Since you are married and living together now, your own income can be included on the I-864 if her income alone is not enough. The 6-month minimum rule no longer applies, though...it can be less than that now.

I woke up too early today. LOL

Rene

Noorah101

He would still have to be a US PR for 3 years first.

Rene

USBound

been in the US for 4.5 years.... my wife does not work (stay at home mum), we have been together for 3.5 years of that... how long married is as yet undermined due to some legal minefields we have to navigate in the coming months....

officially right now... since last sept... that marriage could however be invalid (case is pending) due to a paperwork snafu.

Noorah101

If your marriage is invalid, you won't be able to adjust status via that route. You will need to have a valid certified copy of your marriage certificate in hand in order to submit an AOS package based on marriage to a USC.

Rene

fatbrit

On legal advice, you might look at marrying her again -- and then you're ready to adjust. I recommend a drive-thru Elvis in Vegas.

USBound

this is a relatively long story but the gist of it is.

Divorced english wife starting in 04, took until mid 06... court in england told us it was done august ... we married sept 06.

paperwork from england arrived early 07 saying divorce wasn't complete until Oct 06... immediate problem. Company lawyers at the time did research and came back saying get married again asap... this was August 07.

Company closed, moved to new company whose lawyers looked at the case and said... previous lawyers were wrong...

we've just filed to anul the first marraige and our lawyer (family specialist) here is looking into the validity of our current marriage.

we are aware of all the legal ramifications of the marriage itself... what i wasn't aware of was the affidavit of support... I'll be emailing our immigration specialist on monday for more info.

meauxna

Your income can be used on the I-864; I posted this with you in mind actually.

http://britishexpats.com/forum/showthread.php?t=549970

Do some homework before your email and you'll get even better answers from it!

USBound

thanks..

btw - on the homework front... thats why my company pays lawyers... and right now is why i no longer trust them.

meauxna

um, no longer trust the company or the lawyers?
Either way, IMO it's a good idea for you to have an idea of what they are supposed to be doing (which is what I think you were saying too).

It's unfortunate, but I don't feel comfortable turning over anything to any 'expert' these days without doing my own homework. My window saleslady probably wished I would just shut up and let her do her thing, but it's not her money and she doesn't have to live with the consequences.
Maybe I've just become a complete PITA.

Folinskyinla

Hi:

I would love to see that paperwork. I've had the situation you describe happen with clients several times and the solution we gave was to get married again. If the I-130 had been filed before the new ceremony, we would do the application over again.

Under certain circumstances, the subsequent divorce may validate the second marriage the date the divorce becomes effective -- however that is never the case if the second marriage took place in California.

My impression is that a nullity action is a big waste of time -- not really necessary if the marriage is "void ab intio."

I usually take this opportunity to say I may be a lawyer, but I am not YOUR lawyer. I'll ad to this here is that your description of the facts has got me confused. I wonder if you are leaving anything out? This is downright weird IMHO.

USBound

oh its definitely the lawyers that i have a problem with... after looking at the case for a while the immigration guy simply said... its too complex for me... so i decline to advise.

we called around 20 family lawyers and received similar responses... my wife eventually found one who said the same thing... but knew of a way of getting it in front of a judge which will provide a definitive answer... he says its likely we're married legally right now and their are no issues... but a judge rubber stamping it will give me much more peace of mind.

my company i trust... its a startup and we all have a share in its success...

USBound

not that i know of... the timeline i described above is all of it.... what were you thinking?

also ... first marriage was vegas, nevada, second Chicago, illinois... paperwork for the vegas one was a basic annulment on the grounds that when the marriage took place i was still married.