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This might get kind of lengthy, but I'd really appreciate some feedback as I know NOTHING about immigration. My boyfriend, whom I've been with for 4.5 years (lived together for about 4 years), is a French citizen, who is here on an F1 visa, which expires sometime in 2015. His i-20, expired June 2013, but was allowed to stay legally to finish his Associate's degree program, which he graduated from on August 23 of this year. He has been in the process of transferring to another school to obtain his Bachelor's, but it has been a huge hassle as he has been having to get re-instated, and never got an updated I-20 from the community college he graduated from (which seems extremely fishy to me, but he would not have been allowed to register and apply for graduation if it weren't legal, to my understanding).
Needless to say, we are in serious talks to apply for a marriage license soon, for a few reasons...we've been together for a while and we know it is something we have been wanting to do, and now it seems to make more sense to expedite it, as doing things in America have been extremely difficult and lengthy for him (simple things like applying for a Driver's license, renting an apartment, etc.)...another big issue for him is not being able to get work experience in his field, even for an unpaid internship.
This all being said, taking into the I-20 issue, how difficult will the green card application be for us?
How difficult is it to apply for a green card through marriage in general? Is a lawyer really necessary?
You need to contact the proper agency to ask your questions and tell your story to.
If things are not done legally, exactly as required it can cause trouble in the future.
Contact an Immigration Attorney or the French Consulate at the very least, or all of the above and ask exactly how this should be done legally.
This all being said, taking into the I-20 issue, how difficult will the green card application be for us?
Probably a non-issue. At worst he's out-of-status, which is typically forgiven or ignored when a marriage-based permanent residency application is processed. Can he go back to France and come back to the United States freely? If so, then it is certainly a non-issue.
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How difficult is it to apply for a green card through marriage in general? Is a lawyer really necessary?
It is one of the easiest ways to get a permanent residency. However it is still a massive pain in the butt. Plan to spend at least 20 hours filling out and mailing paperwork. Plan another 20 hours worth of research and collection of your financials (if your finances are not in good order already). Finally, plan about 10 hours worth of driving to immigration offices, sitting in waiting rooms, getting interviewed, etc. Also, plan for about $3000-$5000 in fees.
A great resource is:
Fiance and Marriage Visas: A Couple's Guide to US Immigration
By:
Ilona Bray J.D.
I strongly recommend buying this book and carefully reading and following all the steps detailed within
I strongly recommend AGAINST getting an immigration lawyer. Your case is pretty straightforward. A lawyer will just breeze through the forms and might screw up a date or a name. This is a big deal, and doing things wrong can make the difference between being able to stay together or not. No one cares about your immigration status more than the two of you, so DIY this, and don't trust anyone else to do anything for you. Double check everything.
Thank you all very much! I really didn't think a lawyer was necessary, but was surprised at how many people use them...
What other financial information will I need? We are both in our 20s, so nothing spectacular to write about...have all my tax returns easily accessible, no joint accounts, no mortgage...just student loan debt and paying off a car.
You need to demonstrate that you are 125% above the poverty level as defined by the government, based on your income (and pledges from your family) alone. His income cannot be included. You--and your family or friends, if you ask them for help, will have to fill out a form and submit financial information (bank accounts, pay stubs) which pledge enough support to keep you and your spouse from becoming burdens on the state.
Get the book and read it. It answers all your questions and gives you insightful warnings to help you avoid common and uncommon pitfalls.
What other financial information will I need? We are both in our 20s, so nothing spectacular to write about...have all my tax returns easily accessible, no joint accounts, no mortgage...just student loan debt and paying off a car.
Go to the section of USCIS which Threestep linked and you'll find all the information you need ...
I have done this for my wife so I am speaking from experience.
First I agree about the lawyer. Not really needed as long as everything is straight forward. No criminal history, no problem meeting financial bar, plenty of evidence of "genuine" relationship. BUT, a good lawyer does not just breeze through the paperwork and make mistakes, and they aren't a complete waste as they work regularly with the immigration officials and courts. They know the ins and outs and how to deal with some quirky personalities (to put it politely) that infest these jobs. You can also go get a lawyer later if it becomes necessary, they can step in at anytime during the process.
I believe your best option is to just get married. Make sure he does not leave the country after that point until he is holding the greencard in his hand. Lots of quirky rules can keep him from reentering the country, and can keep him out for a year or more. So its best to just plan to not be leaving the country (for any reason). What they don't tell you is that the immigration officer at the border has huge authority to deny entry for many reasons. The only people they cannot deny entry to is US passport holders and Greencard holders, everyone else is fair game, even people on visas with parol to return to the country. After you get married you will want to immedietly file "pettition of immigrant spouse visa" along with the paperwork required for that and the "pettition to adjust status". About $3,000.
In my case we did the paperwork ourselves but got a bad draw on the immigration officer. We had been married for 8 years when I moved back home and she followed a short while afterwards. Didn't matter to the crazy b!#%h assigned our case. Flat out accused us of lying about the relationship so that my wife could obtain US citizenship. The wife doesn't even want to become a US citizen as it would require her to give up her original citizenship. We wound up getting a lawyer immedietely after that interview and things went well after that.
A few things I learned from the lawyer.
Shotgun the evidence part. In your package they ask for evidence of genuine relationship. You need furnish them everything you can find that has your name and his name together. Pictures of you and him at different times, with your family, with his family. Bills, bank accounts, emails, phone records, lease agreements anything and everything that you have together.
The package needs to be done professionally. I thought I did a pretty good job but the one the lawyer put together made mine look like a high school report. Needs to be punched and bound correctly in one of those flexible clear front binders. Mine wound up about 4 inches thick.
Get letters from any close family members and friends. They need to state name, address, relationship to you, how long they have known each of you, a statement of evidence of your relationship with him, a short story about times they have spent with you and him together doing something.
You want overwhelming evidence of how crazy in love you are and how serious the relationship is.
If you get a good case officer like another couple we are good friends with did then all that is unnecessary. However if you don't get so lucky it will save you about $500 bucks on filing more paperwork and about $5,000 bucks on a decent lawyer you will wind up hiring.
After our first interview we immedietely tracked down a really good lawyer who did a complete redo on our filing and filed some complaints about how we were treated by the immigration officer. Our next visit went very smoothly, the officer had a complete change of heart and agreed to approve our visa. Don't know what did the trick, if it was the lawyer or she just had a bad day on our first go round but I gladly parted with that 5 grand to be rid of those jackals.
When my son and his wife were married back in 2006, they began the process immediately. She has a business degree and is extremely competent, meticulous, and organized, especially when it comes to paperwork.
After 2+ years of her application being stuck in the mud, they hired a lawyer ($1200 back then) and a few weeks later they had their interview and she was approved.
Would that have happened without the lawyer? No way of knowing but they felt it was worth it.
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