Immigration Corner | Will he be able to file for me?

Dear Mrs Walker-Huntington,

I just read an article on The Gleaner website where you were addressing an immigration issue, so I want to see if you can advise me. Can a man who is a US citizen, retired and who has arrears in child support and only living from his pension be able to marry me without causing any problems for my filing?

Anticipating a response. Thanks

SM

Dear SM,

When an American citizen marries someone from a different country and petitions for that spouse to migrate to America, the US government assumes the relationship is fraudulent – that the only reason the marriage exists is for immigration purposes. The US places the burden on the couple to prove that their marriage is bona fide. This proof can take many forms and will vary from couple to couple. Some forms of proof include showing communication between the parties, documented visits, financial support where relevant, joint accounts where practicable, etc.

Included in that green card process is the requirement for the US citizen spouse to demonstrate that he/she can afford to support the intending immigrant spouse. If the US-citizen spouse does not have enough income to meet the guidelines to show that he/she can afford to support their spouse, the citizen can secure a joint sponsor. The joint sponsor must provide evidence of their income and that they can support themselves, their families and the intending immigrant. If the US spouse cannot identify someone willing to be the joint sponsor in the petition, they can use the value of their assets to offset the difference in the shortfall between their income and what the guidelines require as income.

Having child-support arrears should not impact your filing. However, several other factors can have a negative impact on your file and should be carefully noted.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com