Legal Question in Immigration Law in California

I am a U.S. citizen and just had a baby with my boyfriend who is from Argentina. He was previously married however they got a divorce after 1 1/2 years. His temporary residence will run out next year, and he cannot obtain certain forms that are required from the gov't such as mortgage, bank account statements, etc. Now I know that he can obtain a citizenship or at least extended residency through marriage with me, but what are the requirements that I have to meet for this? I know that there are forms to fill out, but since I will be technically sponsoring him, do I have to make a certain amount of money, have bank accounts (I currently do not have a bank account), or anything else in particular?


Asked on 9/04/09, 5:45 am

2 Answers from Attorneys
Michael Cho Law Offices of Michael Cho

The financial requirement is that you earn enough as reported on your most recent IRS tax returns to qualify as a sponsor. If you do not, then there must be a joint-sponsor.

You may find comprehensive information on the adjustment of status here:

http://www.msclaw.com/Green_Card_for_Spouse.html

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Answered on 9/04/09, 9:34 am
Ellaine Loreto Law Offices of Ellaine Loreto

Hello:

1) If he received his green card through his previous marriage, he may have a conditional green card, good for 2 years. If this is the case, he may qualify to just remove the conditions and get a permanent green card if his divorce is finalized. In this instance, he would not need you to sponsor him.

2) However, if he has any other status or visa (i.e. not a green card), then the circumstances may qualify for you to apply for a petition for him and he can get his green card through you. You must be married to him to petition him for a green card.

3) If you do not want to marry right away, then another option would be to sponsor him on a fiance visa. Note that if he does come to the U.S. on a fiance visa, you must marry him within 90 days of his arrival. Then once you are married, he can get his green card through you.

Options 2) and 3) require you to show that you can financially support him. The amount of income you must have is dependent on the number of dependents you have.

4) If he has his green card already, he can only obtain citizenship 5 years after he received his green card, if he is divorced and received his residence through his ex-wife.

Please note that there may be additional steps to take if he has any crimes or previous deportations.

I can assist you with any of the above scenarios or any others you want to discuss.

To discuss your specific case further, you can call me at 714 288 0610 or email me at [email protected]. Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 9/04/09, 2:25 pm


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