Newark, CA Immigration Law Firms & Lawyers

Once you are married he may apply to change his status to F-2 by including marriage certificate and proof that you are maintaining your status. His change of status application must be received though before the I-94 expires for his B-2 so plan the wedding accordingly or he will need to return home to change status.

A U.S. citizen's receipt of means-tested public benefits will not interfere with his/her eligibility to petition for a spouse, although if the U.S. citizen's documentable income is insufficient to meet the Guidelines for the appropriate family size it will become necessary to have a joint sponsor for the marriage-based application. A joint sponsor generally can be any U.S. citizen or Permanent Resident with sufficient documentable income who is willing to assume the responsibilities specified in the Affidavit of Support form. Especially since you are less than thoroughly familiar with immigration laws and regulations, it would be wise for you and your husband to consult with an immigration lawyer.

I gather from your question that you filed the I-90 application to replace your resident card instead of filing the appropriate I-751 application to remove the conditional basis of your residence status. At this time, you should file an I-751 with explanation and evidence as to why you did not file it previously. U.S.C.I.S. can then either accept or reject your explanation. If it accepts the explanation, it will adjudicate your late application. If it rejects, it will deny the application and refer your case to the immigration court. You would then be able to continue the application for the I-751 before an immigration judge.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.