Barnesville, GA Immigration Law Firms & Lawyers

In a marriage-based adjustment of status application, generally if the U.S. citizen spouse does not have sufficient documentable income to meet the Affidavit of Support requirements then it is necessary to have a joint sponsor, and that joint sponsor may be any U.S. citizen or Permanent Resident (including the brother of the beneficiary) who has sufficient documentable income and who is willing to assume the obligations contemplated in the Affidavit of Support. Both Affidavits of Support should be filed as supporting documents with the Adjustment of Status application. This is just one of the issues that can be significantly more complex than it appears just from reading the immigration forms, the USCIS website and the immigration regulations. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

You correctly recognize the significant complication of succeeding in a marriage-based application for adjustment of status when one spouse temporarily lives at a different location from the other. That fact need not stand in the way of success, but the couple will have the burden of proof that they should be deemed to be living together in a bona fide marriage notwithstanding the somewhat unusual details you mentioned. There really is no substitute for engaging an immigration attorney who, after learning all of the relevant details, could advise you and your spouse about the appropriate evidentiary documents to be used to support a marriage-based case in your circumstances.

Generally, investments that can form a basis for an immigrant visa (to become a Lawful Permanent Resident, to get a "Green Card"), must be $1,000,000, although a minimum of $500,000 may be sufficient for investments in designated economically depressed geographical locations. There are many additional requirements for success in this type of application, including documentary evidence of the legitimate source of the invested funds, the placement of the funds at risk, the expected employment of American workers, etc. It would be a mistake to initiate this type of immigration application (or even to select an investment with expectations of the investment meeting immigration-related requirements) without engaging an immigration attorney to provide legal representation in this complex type of case.