Legal Question in Immigration Law in New York

getting my boyfriend to the states

I am an American citizen and my boyfriend is a Polish citizen who lives in Poland. We met in Poland over a year ago (I used to live there). I recently filed a I-129F petition to bring him here as my fiance. I have several questions regarding our options;

1) Other than getting married, is there any other way to bring him here? He is fluent in English and has a Polish law degree. He does not have any financial assets because he has just finished his studies. He came to America for 2 months on a student J-1 visa in 2002. We are both under 25.

2) Is it true that I will need to file an affidavit of support to bring him here as a ''sponsor?'' Up until 9 months ago I worked, basically as a volunteer, teaching English in Poland. My tax returns for last year showed that I made less than $10,000. I now hold a full-time job but make less than $30,000 a year. I'm afraid I do not have enough money to qualify as a sponsor. If not, what are my options? Can I take out a loan? I am not comfortable asking my parents or anyone else to cosign as a sponsor and would like to avoid doing so.

3) Is there anything else I need to know about his process? Should I retain legal services? Thank you in advance for your help.


Asked on 3/14/03, 6:45 pm

2 Answers from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: getting my boyfriend to the states

You have raised several issues in your posting which can't be appropriately addressed in a forum such as this. I would advise you to consult with an immigration attorney. You mention that your fiance was previously here on a J1 visa in 2002. Was he subject to the two year foreign residency requirement? If so, he will need a waiver before he immigrates. With regard to finances, you need 3 years of tax returns or a reason why you don't have it or weren't required to file & your last year has to be at least 125% of the public charge guidelines for your family size. $10,000 doesn't make it. They can consider the $30,000 current income. But it probably won't be enough. Loans won't do. Whether or not he has other possiblities to immigrate is impossible to know from the information you have given.

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Answered on 3/15/03, 1:53 am
Neena Bohra Law Offices of Neena Bohra

Re: getting my boyfriend to the states

Since he has a law degree from Poland, he may be eligible for an H-1B specialty occupation worker position. He has to find an employer in the U.S. for this to be a viable option.

There are many other questions which are best addressed in an initial consultation which usually lasts an hour.

Feel free to call the office for an appointment at 212-279-0424

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Answered on 3/17/03, 12:35 pm


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