Davie, FL Immigration Law Firms & Lawyers

You can either pursue the route of a fiancée visa, or you can get married and pursue the route of a spousal visa. If your boyfriend travels to the United States on a visitor visa, with the intent only to visit, but later changes his mind and decides to get married and remain, he can adjust status, even though he falls out of status. ( as long as you're a US citizen) You should retain counsel here in the state of Florida for representation.     

The answer to your question is that bad credit should not affect your application. While the fiance petition will require the submission of an Affidavit of Support, someone else can act as a joint sponsor if you do not meet the requirements on your own. The concern with the Affidavit of Support is to make sure that the individual who you are sponsoring into the US will not require the assistance of any means tested public assistance benefits. What is reviewed is your employment history, your tax filings or your assets. If the issue is that you are not employed, a joint sponsor can always assist to help you meet the requirements of employment, income or assets that you cannot meet on your own. The Affidavit of Support is not the most difficult paperwork to complete, but it can get complicated at times depending on the situation. Perhaps a consultation with an attorney may assist you with understanding the requirements, but I would not say that you absolutely need to have an attorney working on the case with you. Nonetheless, if you are concerned I would certainly encourage you to schedule an appointment with a competent and licensed attorney who can answer you questions and steer you in the right direction. Good luck.

Although not a guaranteed solution to avoiding court, if you intend to go back to your home country for good, you may wish to write a letter to the California Service Center since you live in Florida and you would be filing an I-751 application to that service center as it has jurisdiction over Florida. You can explain your circumstances, that you will not be remaining in the US, and perhaps give some proof such as an air ticket of your intent to depart. Upon your departure, you can also inform the Center that you have departed and give them proof of such, e.g. copy of passport showing entry into your home country.  The address of the California Service Center for I-751's is:    U.S.C.I.S. California Service, PO Box 10751 Laguna Niguel, CA 92607-1075   Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.