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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4867
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I'm an illegal immigrant. i came to the U.S in 1998 through

Customer Question

i'm an illegal immigrant. i came to the U.S in 1998 through a fake VISA. i had a deportation order in 2001. right now i want to marry my U.S citizen girlfriend . she has a 1 year old daughter. who is not my daughter. my girlfriend is not working now, she is a student and she is on welfare. my question is. can my girlfriend sponsor me even if she is not working and living on welfare benefits? And if we get married would she lose welfare benefits?
Thank you
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 9 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Yes, she can still petition you even if she is not working. For the first part, the I-130 you do not need to show financial support. However, for the second part of the process she does need to show she can support you financially-- since she does not earn enough to support you, she will have to get a joint sponsor (like a co-sposor) to sign the affidavit of support. That person can be anyone as long as they are a US citizen or legal permanent resident. They do not need to be a family member.

Also just so you are aware, your case will be a little complicated since you entered with a fake visa and you have a deportation order. First you need to reopen your deportation court case. You will also need a waiver for the fake visa. You should consult a local immigration to discuss this part because you will need legal representation to do all that. It is very complicated but with help, you should be able to succeed.

Good luck to you and I hope this answer has helped you!

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Customer: replied 9 months ago.
thank you for your response. but you did not answer my second question would she lose her welfare benefits after marriage?
Expert:  Jen Marie, Esq. replied 9 months ago.

I'm so sorry, missed that question.. Yes, it's very possible that she could lose her welfare benefits or receive because once she is married, she will have to put your income as part her joint income. This will make change her need and her household income. There may be ways around it depending on your state but it's something she will have to directly discuss with a welfare agent. Most of the time, yes it would be lost or decreased.

Hope that clarifies all of your questions and I hope I was able to help. Best of luck with the process.

Please kindly remember to issue a rating. Thanks in advance!

Expert:  Jen Marie, Esq. replied 8 months ago.

Hello again, I see that you were able to view my answer back on November 24th and you didn't reply or leave feedback. I'm sorry that the answer may not have been what you wanted to hear, but I have an obligation to be honest. I hope you can rate me based on my time and expertise and not on whether it is good news or bad news.

Is there anything else I can clarify for you to earn your positive rating?

Thanks in advance for your consideration.