I'm a foreigner planning to get marry soon with a lady that has a baby of 2 years old. I want to know if one room apartments will be okay for us to file for my green card.
I have changed your category to Immigration
Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.
The size of the apartment is irrelevant to immigration. The more important issue is whether or not she makes enough money to be your sponsor.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Your quesiton has nothing to do with US immigration law despite the buzz words. Maybe family or zoning law.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Only you and your spouse can answer that question. Where you live should not be an issue. If the facts and evidence point bona fide marriage, one not solely for immigration purposes. If you are uncertain about the presentation of your case, consult with an immigration lawyer to assure that you have ample evidence of your relationship and marriage.
The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.
If the person you plan to marry is a U.S. citizen, she may file an I-130 immigrant petition for you and you may concurrently file for your green card. You must present evidence and give testimony showing you have a bona fide marriage, i.e. entered into marriage with the intent of establishing a life together as a married couple, and not just for immigration benefits.
If the 2-year old is your child, this is a good start. If the child is not yours, the USCIS officer might want to know more about the history of your relationship. As long as you live together, the size of your home is not an issue. (It is a personal, financial choice that you and your partner have a right to make). You must present evidence of your joint residence and commingling of assets and liabilities to prove your marriage is real (e.g. joint lease, joint bank account statements, joint utility bills, and correspondences mailed to each of you at the same address).
If your partner does not earn enough income for her household size, she must get a joint sponsor and/or present evidence of assets that can be easily converted into cash. In some cases, the intended immigrant's income can also be used to meet the financial requirement. The I-864 Poverty Guidelines show she must be earning at least $24,737 for a household size of 3. See http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf
A good attorney can help you file your marriage-based green card application and prepare you for the interview. For more information on what to expect at the interview, see http://dyanwilliamslaw.com/2014/12/what-to-expect-at-a-marriage-based-green-card-interview/
The general answer I provided is not intended to be and should not be taken as legal advice. It does not establish an attorney-client relationship between you and me. You should not take action based on this general answer. Consult a qualified and experienced attorney to obtain legal advice on your specific situation.
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