I-864, if I qualify by $5K above 125% and provide Tax Return, do I need to provide anything else as supporting docs?: Mainly, is $5K above the 125% poverty guidelines enough to show capability of supporting my wife I-485 application? On that basis, is the last year Tax Return enough as supporting docs?
Danielle’s answer:
Here is the average I-864 package for someone who works for a company (not self-employed):
I-861 Affidavit of Support
Last Year's Tax Return
Last Year's W-2
Letter of Employment from Employer
Two Months of Paystubs
Proof of Status (proof that you are either USA citizen or Green Card holder)
Expiring passport and expiring f-1 visa status, getting married to citizen, what do I do?:
I'm a F-1 visa student who has a passport that expires at the end of this year. (today is Aug 26th)
I may not be able to continue this semester due to financial reason.
My school starts in a few weeks, so my f-1 status is expiring.
However, my girlfriend (citizen) and I are planning to get married. And I read from somewhere that expired passport might be a huge problem for me to obtain green card and citizenship later on.
would it be okay if we were to get married in a week or two?
Danielle’s answer:
If your funds are tight, it is good to know that you are not required to renew your passport in order to apply for, or be granted, an american green card through marriage. I have had many clients get their green cards through marriage even though their passport was expired and they didn't have the money to renew it.
However, as the other immigration attorneys have mentioned, if at all possible, it is a good idea to get your passport renewed through your country's embassy in the USA.
Divorce on a Conditional Green Card?: It is now 2013. Several years ago, someone asked if his/her conditional green card would be revoked if he/she got a divorce before the 2 year period was up before he/she could apply to take the conditions off of the green card received after marriage. I am wondering if any laws/rules have changed and what the situation is now. Is it possible to get a divorce before the period is up and still keep the green card and stay in the US or is deportation inevitable? What if the marriage changes and the immigrant party is no longer happy? Must he stay in the marriage despite it not being what he'd expected or is he forced to go home and start over or possibly not have another chance at becoming a legal resident/citizen of the United States? Thank you.
Danielle’s answer:
There are many published immigration regulations, some in official “Memorandum” form, that discuss the I-751 Petitions. The immigration I-751 laws are not contained in one law book. The most recent I-751 memorandums were published in 2009 (you can google the titles) and are entitled:
I-751 Filed Prior to Termination of Marriage, Donald Neufeld, April 3, 2009;
and,
Adjudication of Form I-751, Petition to Remove Conditions on Residence Where the CPR Has a Final Order of Removal, Is in Removal Proceedings, or Has Filed an Unexcused Untimely Petition or Multiple Petitions, Donald Neufeld, October 9, 2009