Question:
I am U.S. citizen. My
fiancee is from a foreign country. She came here as a tourist, and
over-stayed now for 7 months. We would like to get married soon, but I
don not know how or what I need to do as a sponsor to apply for a Green
Card for her. What are the requirements for sponsor of a family based
immigration petition? Please Help me.
Answer:
Because you are a U.S.
citizen and your fiancee was inspected when she entered the U.S., she
will be eligible to file her Green Card application inside United
States, 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.
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