If I am a U.S. citizen about to marry my fiance who is an F-1 international student, what steps do I need to take?

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If I am a U.S. citizen about to marry my fiance who is an F-1 international student, what steps do I need to take?

My fiance’s f-1 status is documented to expire in 5 months but we plan to marry before that. What steps and documents do we need to ensure she does not face deportation and is eligible to work in the U.S.? And what issues will my current unemployment cause?

Asked on July 30, 2012 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are no issues as far as any deportation because your fiance is in the US lawfully.  Whenever you get married, you can then file for his/her green card on the basis of lawful marriage to a US citizen.  However, if you are unemployed, you will need to get a joint sponsor to sign the affidavit on behalf of your then spouse, along with you.  The joint sponsor will have to be a US citizen or US permanent resident whose income and /or assets are sufficient for affidavit of support purposes.


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