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Hi I am European and have been working under O1 visa in

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Hi I am European and...
Hi

I am European and have been working under O1 visa in the US and moved in Europe with my fiancee during the great depression. She is American citizen.

We are planing to move back in the US and considering we are going to get married I was wondering if I can change my O1 status to permanent residence.

The thing is my fiancee is not working at the moment and I heard some people saying it was not possible to apply for permanent residence if the american citizen was not able to sponsor the "alien".

I am earning enough money to sponsor myself and can prove it, I have a lot of work and some money in bank..

I could ask to my lawyer but he is already working on another thing for me and I don't want to mess him with this idea right now.

My English is super bad, since I am not in the US for 6 months now... sorry about that:)

Thanks in advance for your help
Submitted: 8 years ago.Category: Legal
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6/16/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



What year did you move to the US?





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Customer reply replied 8 years ago
I moved to the US in February 2008

O1 visa delivered in Feb 2008 valid until 2011

I met my fiancee 3 years ago and we moved in Europe in Sept 2009.

Thanks in advance,
Lawyer: Ely, Counselor at Law replied 8 years ago
Do you plan to marry in US or not?
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Customer reply replied 8 years ago
Yes we are planing to marry in the US
Lawyer: Ely, Counselor at Law replied 8 years ago
Excellent. Yes you can adjust w/o a problem. You file the following documents with USCIS. Processing time is about six months, but can take up to a year a a half, so you'd have to be patient.



*I-130 Petition For Alien Relative

This petition lets USCIS know of your marriage to the alien. Link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD



*I-485 Application To Register Permanent Residence or Adjust Status

This application asks the USCIS to adjust their status to a US permanent resident (i.e. greencard status).

Link: http://
www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD



You will also have to file supporting documents as well - precisely which are explained in the instructions provided at the bottom of each link.
After this, there will be a request for fingerprints, followed by a request for an interview at the local USCIS center. Then, the swearing in ceremony.Below is a SAMPLE list of what will be needed to file for the forms:


I-130
Petitioner
___Copy of Birth Certificate / Copy of Naturalization Certificate / Copy of Passport
___Copy of Marriage Certificate
___Photo of Petitioner
___G-325A

Alien
___Photo of Alien with Name and Alien Number on Back
___G-325A

Additional Proof (as much of the following items as possible):
___Documentation showing joint ownership of property
___Lease
___Comingling of financial resources
___Affidavits by third parties (name, DOB, adrs, and relationship to husband/wife

I-485
Alien
___Copy of birth certificate
___copy of your foreign passport page with non-immigrant Visa stamp
___ TWO Photos of Alien with Name and Alien Number on Back
___Medical Examination (Form I-693)

Petitioner
___Affidavit of Support (Form I-864)
___ A photocopy or an Internal Revenue Service-issued transcript of a photocopy or an Internal Revenue Service-issued transcript of your complete Federal income tax return for your most recent tax year, including W-2s.



Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”




























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Customer reply replied 8 years ago
Thanks for your answer but - this is not what I asked.

My fiancee is not working, she doesn't have any job ; some people told me that: the American Citizen (her) must be able to sponsor the alien (me) and to prove she has enough money to sponsor my move to the US.

The thing is I do have some money and can sponsor both myself and my fiancee.

So is it going to be a problem if she doesn't have a job?

Thanks in advance,

Lawyer: Ely, Counselor at Law replied 8 years ago
It might be. USCIS has poverty guidelines you must overcome:http://www.uscis.gov/files/form/i-864p.pdfHowever, if you don't, it's still okay b/c you can use up to THREE FINANCIAL SPONSORS for the financial part of the petition. They have to be US Citizens or LPRs, but they don't even have to be related. So if you don't earn as much, do find a kind soul willing to help out.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
















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