Hi, I am going to marry a us citizen, its a genuine arranged marriage as per indian tradition and I work in different state on h1b. my fiancee has less earnings and had only one year tax returns. can she come to my state and can i be a sponsor myself and file adjustment of status? right now she is on a small job, is it better to leave my job and stay with her or she would leave job and stay with me? does she needs to have 3yrs tax returns?
Country relating to Question: United States
How much is her current annual income? How many people including herself, does she currently claim on her income tax? Who are they?
currently she gets $2000 per month. she has a father and he can be co sponsor but i dont want to leave my job.
So that is about $24,000 per year? And she doesn't claim anyone except herself on her taxes?
yes she doesnt claim any one and last year she worked for four months only and this year she is working since jan continuously. and pls specify wat all documents are required from her side and from my side? and can i leave my employer as soon as i file adjustment of status and be on legal status
Ok, that's good. She makes more than enough to not need a joint sponsor. And you can leave your job whenever you want, but better to leave it after everything is filed. Also, you will not be able to work for another job until you get your work permit and that takes around 3 to 5 months after you file all the paperwork. After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.
In about 3 to 5 months after filing, you should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later you should get a Residency status (green card).
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thank you for nice information but i have two quick questions. Is it not possible for her to leave job and come to me, so that i would be working? and her last year she had worked only for 4 months so will that be enough for supporting me as dependant? please dont mind for these questions.
I do not mind additional questions. That is fine and notmal. Yes, she could leave her job, but she still has to file an I-864, you would have to maintain your H-1B status and prove at the interview that you will continue to make the same amount of money. It would complicate things because even though you could use your income, the whole idea of the financial sponsor is so that the U.S. government has a U.S. Citizen or Lawful Permanent Resident that they can go after just in case you become a public charge and use public benefits. So they may still ask for a Joint Sponsor if she quits her job. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.
Hi sir, thanks for reply, but i need to know whether her last year income and tax returns (working for four months only) would affect the process? as whole last year she had earned only 8000 dollars. and final question can i commute every weekend and continue my job. these final two questions would end my query and i promise no more questions :) . thank you.
No, it wouldn't because along with the taxes from last year, she needs to submit the last 3 to 6 paycheck stubs, last 3 to 6 months bank statements, and an employer letter stating position and income. This is so that they can calculate her current income, not just her income from last year. But as I said, if she is going to quit her job, that is going to complicate things. And yes, you can commute every weekend, just be prepared to explain why, for example, the job is very good and you don't want to lose it. And no worries about the additional questions, you do not have a limit. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.
ok, thank you for stating that, i can ask questions. can i stay simultaneously with my employer on h1b visa and work in the place where my fiancee does her job? or i should not work on h1b visa after filing adjustment of status.
You can only work for your H-1B employer until you get the work permit through your spouse's petition for you. Then you can continue to work for your H-1B employer, you can quit your H-1B employer and find another job, or you can work for your H-1B employer and another employer if you like. Please do not forget to leave feedback if that is an option for you as that is the only way that I can get credit for my assistance. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
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