Mount Vernon, NY Immigration Law Firms & Lawyers

If he needs another 2 semesters to complete , then you should right now apply for a spousal visa-that is available to couples where the US citizen spouse is here in America and the foreign spouse is overseas. As of late 2019, it is taking roughly 12-24 months to get the I-130 approved, and once that is complete, then a visa application form is submitted to the NVC, and when the NVC sees that all the paperowk is in order, they send it to the foreign consulate near where your spouse lives where his interview will take place. Thereafter, he will be approved for his immigrant visa and then a green card when he gets to the United States. Consider working with counsel to help you. Counsel in any state can represent you and some of us, including me, charge a very affordable flat fee to see the case through from start to finish. 

Marriage, by itself, will not affect your SSI benefits. However, there are three aspects of this situation that you need to consider. First, your spouse will be able to get a green card only if he/she entered the U.S. legally; if not, the marriage will not help him/her to obtain legal status. Second,if your spouse is eligible to adjust status, you will not qualify as the only sponsor of your spouse for a green card. Because you live on a public support, you will have to find a co-sponsor for your spouse who has sufficient income and would agree to sign an affidavit of support. Third, if your spouse becomes a permanent resident, his/her income will be counted to determine the amount you should receive from the SSI; if your spouse will earn enough, it can disqualify you from SSI, Medicaid/Medicare, foodstamps, and other public support.

The first question is whether you are subject to a two-year home residence requirement by virtue of your having taken an exchange visitor visa. If you are, you would not be able to immigrate unless the two-year requirement is completed or waived. If you are not subject, US immigration laws allow immigration generally through family or employment-based petitions, immigrant investment, or political asylum, etc. As a J-1 holder, your opportunities may also depend upon the type of J category to which you belong. If you are a research scholar, you may be able to interest an institution to sponsor you for an employment visa and ultimately permanent residence. If you are extremely good in your field, the process may be quicker. As your question is very short as to your particulars, you may wish to consult an experienced immigration lawyer so that he or she can go over your various options.