What to do if my fiancé is a US citizen and I’m on an F1 and starting the green card application but have a low income?

UPDATED: Nov 21, 2013

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What to do if my fiancé is a US citizen and I’m on an F1 and starting the green card application but have a low income?

We are getting married in city hall. My fiancé has been a student for the last 5 years. His income, including scholarship and some gig payments by personal checks, doesn’t meet poverty guideline threshold. He also never filed the tax because it’s less than what’s required to file tax return. He has no loan but some music instruments that worth $100,000 can be certificated and about $20,000 saving in bank. Can those be counted as “assets”? Will the absence of tax-filing affect the application? We have his parents (both work for government and his dad in military) as our co-sponsors. Can they take full responsibility for me? We won’t have reception to save money. Is city hall enough?

Asked on November 21, 2013 under Immigration Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The musical instruments of your fiance' are deemed assets under federal and state law. The absence of any tax filing should have no impact upon you getting residency in this country after you are married to the American citizen. I suggest you and he consult with an immigration attorney in your community (or legal aid) for more assitance in getting your residency in place after marriage. Such an attorney in your community can be found on attorneypages.com.

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