Immigration Corner | My intended spouse does not earn enough

Dear Mrs Walker-Huntington,

Iwent to the United States on an F-1 student visa. I met a lady about a year ago and we want to get married. A friend of mine was telling me that if I marry this woman, I won't get my green card because she is not able to sponsor me financially. Even though she works two jobs. Can you advise me on how I would go about changing my status from an F-1 international student and what forms would I would need to file? We are both females. Thank you.

- C.W.

Dear C.W.,

As someone who entered the United States legally, if you marry a US citizen, you are eligible to change your status from a non-immigrant to an immigrant. You would be considered an immediate relative and would be eligible to apply for work authorisation during the process. If your student visa is still valid, you can also apply for permission that would allow you to travel while the petition to change your status is pending. It is important to note that if advanced parole is granted and you were not eligible and you leave the United States and are not permitted re-entry during the pendency of your application, you will have no recourse.

Part of the change-of-status process does require the US citizen petitioner to file an affidavit of support to demonstrate according to US Citizenship and Immigration Services (USCIS) guidelines that they are able to support themselves, any dependents and the intending immigrant. If the petitioner does not earn enough according to the guidelines, they can use assets to make up the difference. In the case of a spouse, the assets must be three times the shortage in earnings.

You have two choices when deciding to actually petition for US residency: you can go to the USCIS website, www.uscis.gov, and do the filing yourself; or hire an attorney to do the filing for you and your spouse. Same-sex couples are afforded the same rights as heterosexual couples under immigration laws, and as long as your marriage is valid in the jurisdiction where you get married, it will be recognised by USCIS.

- Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States and family, criminal, international and personal-injury law in Florida. She is a mediator, arbitrator and special magistrate in Broward County, Florida. Email info@walkerhuntington.com.