US citizen marrying b1/b2 visa holder

[mizz]

Thank Ray, That was a great help.

I have to agree with you that it is recommended that she has to collaborate with sort of an immigration expert to streamline her application and properly put together the so called pieces to the visa conversion puzzle.

I was just wondering if there exist any organization or entity that offers a free legal consultation services that she can resort to.

Would be a great help if refereed to any.

Thanks again,
Mizz

[rayb]

Mizz,

Your friend can petition and "adjust" her new person of interest after marriage here.

Her Adjustment paperwork, however, must include documents from her as "primary sponsor," even though her income is limited. She may use any qualified co-sponsor, who must also provide a complete sponsorship package, including proof of U.S. citiizenship or legal status.

In theory, your friend can do all the paperwork herself, but there are so many pieces to the visa conversion puzzle that she needs specific advice and perhaps a review of her paperwork before submittal.

There will be $420 petition fee, $1,070 Adjustment fee, and a required immigrant medical exam of about $300.

Any USCIS procedure requiring proof of eligibility and an in-person interview will be reviewed with the USCIS staff looking for signs of a fraudulent relationship.

Attorney fees for this type of procedure can be anywhere from $1,000 to $4,000. If she can't afford an attorney to help, she needs to collaborate with someone who can advise and review her documents.

--Ray B

hi guys,

a friend of mine who is a us citizen is interested to marry a person who is currently visiting usa on a b1/b2 visa. She is a widowed mom to 4 children and unemployed and receiving a financial supports from the government in the forms of housing assistance and food stamps. They met through online dating 6 months earlier and now the guy is here in the states to meet up with the girl.
Here are some worries that she has in mind that they may encounter on the petition process:
1. Whether or not she could petition the guy since she is not working and doesn't meet the income requirement.
2. For the Affidavit of Support, can she use her children's income as they are working? and Can a friend submit an affidavit of support on her behalf in order to meet the requirement?
3. would there be any risk that the relationship will be deemed fraud by the USCIS although the relationship is really genuine?

is there any reason she needs to involve a lawyer in her case or do you guys think that this case is a straight forward application and can be self prepared and filed.

any input will be appreciated.
thanks

[mai95]

I do not believe that any government assistance foodstamps/housing would count for income as far as USCIS is concerned.
if her children live with her then they can be sponsor and just fill out I-864A, if not then use the I-864 for a joint sponsor, and a lot of it depends on how her income taxes were filed.