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I am a foreigner but I am planning to get married with my…

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Hi, I am a...

Hi, I am a foreigner but I am planning to get married with my boyfriend who is the U.S citizen. However, my boyfriend is still studying in UW and does not work anywhere. Is it ok for us to get married?

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Submitted: 8 months ago.Category: Immigration Law
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9/21/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,450
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

It is legal for you to marry your US citizen boyfriend even if he is not working. However, in order for you to be able to get your green card from the marriage to him, you will both have to prove that you will not become a public charge in the US. This can be done by showing that your boyfriend either earns enough yearly (about $21,000), or he has enough money in cash/savings (about $63,000) or if not, you will need to get a joint sponsor that does earn enough. This can be a friend or family member who is a US citizen or permanent resident.

I know immigration issues like these sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with preparation or review of applications, I can send you an offer to exchange contact information so I may help you with these legal services for a reasonable fee. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind for whenever you'd like.

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Customer reply replied 8 months ago
if I can approve all these requirement, what are papers I have to prepare and what do I have to do next?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Did you enter the US with a visa or illegally cross the border? Which visa?

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Customer reply replied 8 months ago
Visa F1
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

You can immediately file the following forms once you two are married:

I-130, I-485, I-765, I-131, i-864, I-130A. Throughout the forms, remember your spouse is the PETITIONER and you are the BENEFICIARY. This will help in filling them out. You can find all forms here http://www.uscis.gov/forms

Together with the forms you will also send:

-Immigration medical exam for you (find a doctor at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV)

-2 passport style photos for spouse, 8 for you (2 for each form I-130, I485, I131, I765)

-2 checks or money orders $1225 and $535 made to DEPARTMENT OF HOMELAND SECURITY

-Copy of Marriage Certificate

--Copy of your passport biographical page

-Copy of your spouse's US passport biographical page

-Copy of your I-94 and visa

-Copy of your birth certificate with certified translation if needed

-Documents proving that your marriage is bona fide such as: Joint children birth certificates, Joint lease agreement, joint bank accounts, joint income tax filing, joint credit cards, joint bills, joint car insurance, joint health insurance, drivers license - change address, many pictures from wedding and other events alone and with family.

AND - Your spouse's last tax returns and W-2

-If you need a joint sponsor then also an I-864 for your joint sponsor and your joint sponsor's last tax returns, W-2 and proof of US legal status.

Make a copy of your whole packet for yourself. Mail the original to:

USCIS

PO Box 805887

Chicago, IL###-##-####/p>

This is the address for Express mailing:

USCIS

Attn: FBAS

131 South Dearborn - 3rd Floor

Chicago, IL###-##-####/p>

Once you file all these documents, you will receive a receipt notice in the mail for each of the applications in 2-3 weeks. After that in about 4 weeks you will receive an appointment to have biometrics (fingerprints) taken at the local USCIS office. You should then receive a work permit and travel permit in about 3-4 months (if you filed for it). You should not travel outside the US until receiving this travel permit or the whole process will be considered abandoned. You can get a driver's license once you have the work permit.

You will later receive interview notice with immigration in about 4-5 months and then you must both attend the interview. If all goes well, you will be approved on that day and will receive green card in about 2 weeks.

I hope this helps and hope you can kindly leave a good rating with the stars.

Again, if you should need any assistance with the process, we can exchange contact information and I am happy to help in the future.

Best of luck.

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