Legal Question in Immigration Law in Virginia

Marriage and Immigration

Marriage is within the exclusive province of each State in the United States. Whether you're poor, rich, super rich, or just like most people just trying to get by day to day, your financial situation cannot be used to prevent you from marrying whomever you want. So if you're in love and want to get married, go for it. With respect to Immigration; however, there is a catch. After you are married your spouse will then be an immediate relative of a U.S. citizen [ I am assuming you're a U.S. citizen]. Your spouse may then be eligible to become a permanent resident immediately upon your filing of the proper documentation required, your spouse's meeting the requirements [ i.e. not excludable]. One of the forms which will be provided to you is a Form I-134 which is an Affidavit of Support which you will be required to submit. The Affidavit of Support is used for a determination that your spouse will not become a public charge if allowed to stay in the United States. A Public Charge means a recipient of food stamps, welfare, and other forms of public assistance. This determination is based upon your income, debts, etc. It very well may be that bankruptcy will benefit you and your spouse since bankruptcy [ Chapter 7] relieves you of your former obligations to pay bills you just don't and won't have the money to pay. Bankruptcy came about as a reform to the earlier common law of England which allowed jailing for non payment of debts - Remember Charles Dickens books about England's debtor prisons. You are actually in a better position financially after bankruptcy than before which means your ability to support your spouse and insure that your spouse will be less likely to become a public charge is much better after bankruptcy than before. You might consider contacting the American Immigration Lawyer's Association { http://www.aila.org] on the web and search their database for an AILA member in your city. Immigration law is very complicated and most general practice attorneys are unfamiliar with Immigration. I hope this helps. As I said, if you're in love and want to get married, remember "Love conquers all."