Question:
I am a
U.S. citizen, and my boy friend is from Nepal. He came here as a
tourist and stayed illegal now for 11 months. We would like to get
married in New York City soon. I want to know how to file the financial
sponsorship for his Green Card application. Thank you.
Answer:
Because you are a U.S. citizen,
and your boy friend was inspected by the USCIS when he entered the
U.S., he will be eligible to process his Green Cad application inside
U.S. once you are married.
A U.S. citizen
or legal permanent resident can be the Sponsor of a family based
immigration petition. However, the Sponsor has to meet some
requirements and legal obligations. The Sponsor has to execute a
legally binding affidavit of support for the beneficiary, in which the
Sponsor guarantees to maintain the standard of living of the intending
immigrant at a level not lower than 125% of the national poverty level.
This obligation continues until the beneficiary has become a U.S.
citizen, or has worked in the United States for 40 qualifying quarters.
You should meet
certain income requirements as a sponsor. You should show that your
household income is equal to or higher than 125% of the U.S. poverty
level for your household size. Your household size includes
you, your dependents, any relatives living with you, and the immigrants
you are sponsoring.
If you, the
sponsor, are on active duty in the Armed Forces of the United States,
and the immigrant you are sponsoring is your spouse or child, your
income only needs to equal 100% of the U.S. poverty level for your
household size.
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