Marrying a student with F1 visa

[rc93027]

What is the name of your state (only U.S. law)? Indiana

My fiance and I are planning to get married next summer. The problem is his F1 visa expires this September. We are trying to think of options for him to be able to stay in the United States legally until next summer but we are running out of ideas and time.

I am also a student and currently don't have a job so if we got married now in order for him to stay and then had our wedding in the summer would we run into any problems with paperwork because of that since I would not be above the poverty line?

I don't have much knowledge in this area so if anyone can help we both would be very grateful.

 

[ImmigAttyLana]

YOu don't have to have a big wedding in order to be able to file immigration paperwork. You just have to be legally married and that can be accomplished through a simple civil ceremony at city hall with a justice of the peace. As for income, if your income is insufficient, you just need to get a joint sponsor to sign the affidavit of support on his behalf. It can be a friend, a relative, a neighbor--anyone who is a US citizen or permanent resident and whose income is sufficient.

 

[rc93027]

Thanks,

We are now filling out this paperwork. We have been told that even though his brother will be the one with the sufficient funds to be able to sponsor him, that I will have to fill out the affidavit of support, too. Is that right? While we were reading through the form I-864 we got a little bit confused. In part one number we clicked the box that I am the petitioner. His brother, who will sign to be the affidavit of support would choose the "only joint sponsor", correct? Then in part three number 8. it asks if I am sponsoring my husband, the options are yes and no (applicable only in cases with two joint sponsors). Would I say yes even though I don't have sufficient funds or would his brother and I be considered to be the two joint sponsors and therefore be able to choose no?

Thanks!!!

 

[ImmigAttyLana]

Yes, you will need to fill out an affidavit of support as the petitioner. However, since your income/funds are insufficient, the brother will also sign another affidavit of support as a joint sponsor.

 

[Gr8orchid]

LPR student marrying a F-1 visa student

Does this also apply to lawful permanent resident (19 yr old) who is a student marrying F-1 visa student (21 yr old)?