It sounds like you should focus on your studies this spring, and your fiance should find a job. He has to be your petitioner and financial sponsor. You can apply for adjustment of status after you marry... but you must be financially admissible. You should also be living together when you apply, or else immigration will justifiably think the marriage and paperwork is just to do you a favor, and that there is no real marriage. Wait until you are living together, at least. Your case will just be harder (there will be delays, and suspicions about intentions) if you do it when neither of you are working. I would wait until things are more settled. Go and see an attorney to help you get organized. Good luck.
This is general advice, and does not constitute an attorney client relationship.
Not living together will be a huge red flag in you are in the same geographical area.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
I agree with my colleagues. Focus on your studies. After you get married and your husband has a job, and you have a place to live, then you should petition to adjust status.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.
I agree with Ms. Seifert, although I have done cases in the past in which the couple wasn't living together. In that situation we must demonstrate the reason they are not living together. It does mean we need lots of other evidence, that it sounds like it will be difficult for you to get. It will cause a delay in the case if you don't show enough evidence, and it will make the case more expensive for attorney fees. You should not even try it without the help of an experienced immigration attorney. Hopefully, you will both find jobs soon, and get your own apartment, then you can proceed.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.