Legal Question in Immigration Law in New York
Hi! I am a citizen about to apply for a fianc�e visa. I receive financial aide for collage (PELL and TAP from FAFSA) and have HIP (NY state health insurance). I currently do not have a job due to medical conditions (I am not on disability, I just can't handle school and work at once). My fianc�e is currently unemployed as well (he receives unemployment checks). I read that both myself and my fianc�e have to get off of federal aide or we wont get permission to marry because they do not want us to become a "public charge"...Do I need to drop out of school and my health insurance before I apply (I believe he should come off of his unemployment as well..)? How do I provide them my federal income tax when I have never received one?
Also, my parents are the only who are willing to sign the second Affidavit of Support and are willing for us to live with them for a few years after we marry...However they are in credit card debt (they own a house though). Should I even bother asking them to sign it, or should I try to find someone else that can support him, or do I even need someone else to sign a second Affidavit of Support? I do have enough in bonds & savings to meet the minimum poverty guidelines, but like I said I do not have a job. Please help. And thank you!
3 Answers from Attorneys
There are a few issues with your question. It is not clear where your fiance is, if he is in the US or in his home country. Without reviewing your finances and your parents' finances, as well as your fiance's immigration history, it is difficult to provide you with clear answer with respect to what you will need to do in order for your fiance to obtain permanent residency. You should speak with an immigration attorney to discuss the process in detail. An attorney will be able to advise you with respect to your fiance's eligibility for permanent residence and the documents that you will need to file.
Hi, you are not obligated to drop out of school or terminate your health insurance in order to petition for you fiance. You will need affidavit of support. In order to know if your parents may sponsor, you need to review your and their financials with an immigration lawyer.
It also important to know if your fiance is in USA already or in his home country.
Consult an immigration lawyer who will guide through the process.
Good Luck!
If you are not working you will not be able to produce any W2�s and current pay stubs to show your income when you apply for the visa.
Please note that in applying for a fiance� visa, you in the eyes of the immigration services, will be liable financially for your fiance� until he becomes a citizen of the US.
Accordingly, the fact that you are not working will be a big problem because you need to show proof of income.
You state that your fiance� is receiving unemployment checks.
Is he already here in the US?
If he is and is getting unemployment in his name that too is going to be a problem when immigration carries out an investigation and the checks come up.
With regard to your dropping out of school I cannot advice you to do that, it�s a decision you will have to make.
As for your parents signing the second Affidavit of Support, if they are in credit card debt that will not work because their finances will be considered.
Your whole situation currently is something that you will have to sit down and really consider because once you file the petition the government will start checking into your background and financial history. It will be the same for anyone who acts as a co-signer for they too will be checked l.
You really have to think it through and decide what steps you want to take.
Patricia Martin-Gibbons
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