Ludlow, CA Immigration Law Firms & Lawyers

  You are in the same situation as many people in this country. You should be able to submit the I-864 form even marking down "unemployed" and attaching the explanation and the employer's letter. The U.S.C.I.S. officer or consular officer (if your wife will be interviewed overseas) will look at all the circumstances in determining whether your wife meets the public charge requirement. 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.

One of two general rules is that an individual must be able to show that he or she is maintaining legal nonimmigrant status for at least 30 days prior to the program start date on the I-20 form. In your case, your fact situation says that your EAD ends on 7/14/23. F-1 status includes the period of time on OPT plus the 60 day grace period thereafter. That would take you into September, and your schooling starts in September. With such a timeframe, you should be able to finish your OPT and move smoothly into your next program. As this rule applies, there is no need to cite a second rule. As to whether there are restrictions by the school, that would be between you and the institution. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.

It all depends to his situation. Generally, there are many options that we are able to convert a tourist visa to a more permanent visa and then to a green card status. However, we need to know more about that individual to determine which option would work best for him. You and your boyfriend can get married and we can start a petition for him. However, he probably have to leave the U.S. until a visa is available. If you would like to talk about your options, please contact my office and I will be happy to talk to you more in details.