Putney, GA Immigration Law Firms & Lawyers

Having a job letter and recent payslip showing higher pay to support your husband and uncle are definitely not enough if this is a case for consular processing. If for adjustment of status, U.S.C.I.S. may send you a Request for Initial Evidence a few months after you submit the case for your husband's adjustment of status. The normal time for interview after filing with U.S.C.I.S. in most field offices is approximately a year. Assuming that you have submitted the next year's tax return at the higher rate of pay by the time of either receiving the Request for Initial Evidence or the date for interview, your financials might be good enough to convince an immigration officer of your ability to support at the interview. For safety's sake, however, you may wish to have a joint sponsor to avoid the possibility of denial. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

The primary way to sponsor your fiance so he may come to the U.S. to marry you and then apply to become a Lawful Permanent Resident (get a "Green Card") would be through filing and processing a K-1 fiance visa. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant details, could advise about eligibility and provide representation in the application process.

In connection with a marriage-based adjustment of status application in the Immediate Relative visa category generally an applicant should file a Form I-765 (and, if eligible, a Form I-131) despite having an EAD associated with an F1 and despite having applied for OPT. Regardless of your job, your U.S. citizen spouse will need to serve as a "sponsor" with the filing of an Affidavit of Support. Of course, there are many more details about the application and required supporting documents. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.