Miami Gardens, FL Immigration Law Firms & Lawyers

U.S.C.I.S. officers in our experience are not uniform in asking for a number of years that a joint sponsor must make an amount that passes the poverty guidelines for support purposes. Some will ask for one year, others may ask for more. Just going with a joint sponsor's current income and no tax returns meeting the guidelines would not be suggested. You may be able to use your own assets to add to your joint sponsor's affidavit of support, and such would be counted at 1/5 value to actual income. Please note that some officers may wish to see that the amount that you are listing of your own assets to assist with the joint sponsor's affidavit of support has been in your account for some time. 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.

My suggestion would be that you speak with a US immigration attorney before taking any action. Sounds like you were a resident alien (a/k/a lawful permanent resident) for an extended period of time and may have "abandoned" that status as a result of your absence from the US for as long as you were away. On the other hand, you may not have abandoned that status if the only purpose for your extended time away was to attend school and then return to the US. The easiest way out of this situation is for you to not be considered to have abandoned status and for the US consulate to provide you with evidence that you maintain status as a resident so that you can return to the US. If that does not happen, the you may likely need to have mom or dad file a visa petition on your behalf and start all over again. Having some effective advocacy here may assist greatly with the hoops that you may need to jump through in order to find a workable solution to your situation and I would suggest that the best place to start is with a good immigration attorney. Good luck.

Yes, you can marry. You're asylum grant wont help her because you needed to be married prior to the grant. When you become a resident you can petition for her. The wait time is several years. Once you become a citizen, then its immediate. In the meantime, her business visa may allow her to become a resident. Consult with an attorney.