Unsure of where I stand (visitor visa, about to marry)

[john867]

Hi,

I've ready a lot of the forum threads and some guides and I think I have a grasp of the essentials. But I would love for someone to correct me if I am wrong or just tell me any other important piece of information before I go out and speak to an attorney.

-I was born in India
-Brought here by my parents around the age of 8 (1999) on a visitor visa (6 months)
-Have lived here continuously since and have graduated high school and will soon graduate college
-Am living with my girlfriend currently
-Will marry her soon

I have several questions. First, will there be any benefit to marry/apply before the age of 21? Any changes in processing times or anything like that?

Second, she is also in college. Would she (or someone else jointly) be able to sponsor me financially if we got married?

I think I should be filing a I-130 and I-485 together, correct? Then I will file all the other documents and request work authorization?

How long does it usually take to do each of the following:
-get 130 and 485 approved
-get work authorization
-get a SSN
-get a green card
-citizenship?

I've known my gf now for about 5 months and we basically live together (at her apartment, though I have my own apartment too). Will that be enough time to petition? Should we petition as soon as we get married or wait? Also, as we are going to marry in front of a judge, will this be a problem?

She does not have much income. Who (if anyone) can file along with her for the affidavit of support?

Thanks very much for your time and for any response

[Jasna]

I don't think getting married before 21 will make any difference.

You can file for Employment Authorization Document (form I-765) along with your application to adjust status (form I-485).

For anyone to sponsor you/financially guarantee for you with an Affidavit of Support, they need to make enough money to support themselves, any dependent that they may have and you - all according to the annual poverty guideline. If she doesn't have children or any other dependents, she basically needs to make $14.710 a year in order to be able to support the both of you.
(Since I can't copy/paste anything here, Google "2011 poverty guidelines" to see the whole list yourself.)

In a case when the main sponsor doesn't meet the income requirements, there are a few options: a joint sponsor, a contract between sponsor and household member (if she is living with a family member of hers), the immigrant's income or the sponsor's assets.
Since you already mentioned a joint sponsor, I'll give you the basic info on that one. A joint sponsor can be any US citizen or lawful permanent resident (must be at least 18 years old and living in the US) who is willing to be held jointly liable with the petitioner (your future wife) for the support of the intending immigrant (you). A joint sponsor does not have to be related to the petitioning sponsor or the immigrant.

A court marriage is not a problem.
You can petition as soon as you get married.
No matter the time you two have been together, you will need proof of relationship (pictures, text/e-mail messages, calls/chat history and anything else you can think of that proves you two are and have been in a bona-fide relationship).

The application to adjust your status to a lawful permanent resident (the green card, form I-485), as well as the work permit (I-765) takes about 4 months each, so if you file one application along with the other they should be processed and issued around the same time.

In order to apply for American citizenship you need to be a permanent resident (green card holder) for at least 5 years and I think I read somewhere on the USCIS website that the processing time is also around 4 months.

You can get a social security number in matter of days. You can even do it before all this other stuff but it's almost pointless since you can't work with it until you get the work permit.

Just one thing I'm curious about..how can you have an apartment if you don't even have a SSN?

[barbarajlw]

I don't think getting married before 21 will make any difference.

You can file for Employment Authorization Document (form I-765) along with your application to adjust status (form I-485).

For anyone to sponsor you/financially guarantee for you with an Affidavit of Support, they need to make enough money to support themselves, any dependent that they may have and you - all according to the annual poverty guideline. If she doesn't have children or any other dependents, she basically needs to make $14.710 a year in order to be able to support the both of you.
(Since I can't copy/paste anything here, Google "2011 poverty guidelines" to see the whole list yourself.)

In a case when the main sponsor doesn't meet the income requirements, there are a few options: a joint sponsor, a contract between sponsor and household member (if she is living with a family member of hers), the immigrant's income or the sponsor's assets. Go to www.uscis.gov and search for forms I-864, I-864A, I-864EZ. You can download the actual forms and the instructions for more information.

Since you already mentioned a joint sponsor, I'll give you the basic info on that one. A joint sponsor can be any US citizen or lawful permanent resident (must be at least 18 years old and living in the US) who is willing to be held jointly liable with the petitioner (your future wife) for the support of the intending immigrant (you). A joint sponsor does not have to be related to the petitioning sponsor or the immigrant.

A court marriage is not a problem.
You can petition as soon as you get married.
No matter the time you two have been together, you will need proof of relationship (pictures, text/e-mail messages, calls/chat history and anything else you can think of that proves you two are and have been in a bona-fide relationship).

The application to adjust your status to a lawful permanent resident (the green card, form I-485), as well as the work permit (I-765) takes about 4 months each, so if you file one application along with the other they should be processed and issued around the same time.

In order to apply for American citizenship you need to be a permanent resident (green card holder) for at least 5 years and I think I read somewhere on the USCIS website that the processing time is also around 4 months.

You can get a social security number in matter of days. You can even do it before all this other stuff but it's almost pointless since you can't work with it until you get the work permit.

Just one thing I'm curious about..how can you have an apartment if you don't even have a SSN?

If you arrived here on a visitor visa valid for 6 months? means you have over stayed. Not that this is a problem but don't quite understand why your parents did not AOS for you/ Are they LPR or USC? And as far as marrying I am sure that USCIS do not call same sex marriage as legal for AOS. How can you not have an SSN?
Can you explain a bit more but if your girlfriend is going to sponsor you then she needs to be earning above poverty guidelines for 2 people household which is $18,000 and something.AOS and EAD can be applied together costing $1070 and you will wait 2-4 months . You will have to have Biometrics done after you receive a NOA1 for AOS then after bio you usually get EAD card 2-3 weeks later.
Not sure what state you are in but you need to know if same sex marriages are recognised.

[barbarajlw]

If you arrived here on a visitor visa valid for 6 months? means you have over stayed. Not that this is a problem but don't quite understand why your parents did not AOS for you/ Are they LPR or USC? And as far as marrying I am sure that USCIS do not call same sex marriage as legal for AOS. How can you not have an SSN?
Can you explain a bit more but if your girlfriend is going to sponsor you then she needs to be earning above poverty guidelines for 2 people household which is $18,000 and something.AOS and EAD can be applied together costing $1070 and you will wait 2-4 months . You will have to have Biometrics done after you receive a NOA1 for AOS then after bio you usually get EAD card 2-3 weeks later.
.

Good luck

[nichole]

Where the heck did you get same sex marriage??

[barbarajlw]

Where the heck did you get same sex marriage??

Yeah I read that wrong my bad was thinking of another case on somewhere else. My mind was racing on another story Sorry

[barbarajlw]

Hi,

I've ready a lot of the forum threads and some guides and I think I have a grasp of the essentials. But I would love for someone to correct me if I am wrong or just tell me any other important piece of information before I go out and speak to an attorney.

-I was born in India
-Brought here by my parents around the age of 8 (1999) on a visitor visa (6 months)
-Have lived here continuously since and have graduated high school and will soon graduate college
-Am living with my girlfriend currently
-Will marry her soon

I have several questions. First, will there be any benefit to marry/apply before the age of 21? Any changes in processing times or anything like that?

Second, she is also in college. Would she (or someone else jointly) be able to sponsor me financially if we got married?

I think I should be filing a I-130 and I-485 together, correct? Then I will file all the other documents and request work authorization?

How long does it usually take to do each of the following:
-get 130 and 485 approved
-get work authorization
-get a SSN
-get a green card
-citizenship?

I've known my gf now for about 5 months and we basically live together (at her apartment, though I have my own apartment too). Will that be enough time to petition? Should we petition as soon as we get married or wait? Also, as we are going to marry in front of a judge, will this be a problem?

She does not have much income. Who (if anyone) can file along with her for the affidavit of support?

Thanks very much for your time and for any response

I apologise on my previous statement as was thinking of something else I read and was not looking that you were John a bloke so sorry