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  • US citizen marrying b1/b2 visa holder

    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

  • #2
    I responded to your post with this question yesterday. In summary, this is what I told you yesterday:

    1. Your friend can petition and Adjust her new husband.
    2. A friend or adult children can be co-sponsors, using for I-864 (or I-864A if in same address). She must still be primary sponsor, even without income.
    3. There is always a risk of a reviewer suspecting fraud if her evidence of cohabitation and commingling of financial affairs is not adequate.
    4. She does not need a lawyer to do this, but she obviously needs assistance because she has asked you for advice. Someone who has done this before should advise her and review her paperwork.

    --Ray B

    Originally posted by mizz View Post
    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

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