1. Man Wants to Marry American Woman on Disability and Live in USA.
51 years old Canadian man in love with 40 years old American woman on disability. Man wants to work in USA & marry woman and live in USA w/her. She has 2 kids from previous marriage, so must stay in USA. He wants to have a child w/her, too, if possible. Both in love and want a life together in USA. But she can not support him financially. He wants to be able to work and prove he don’t want state aid for himself. What can be done? He has aunt & cousins down southern USA states. She lives in northern part of USA. He currently resides in Canada but visits USA when he can. Been dating 2 1/2 years.
Mr. Lee answers:
If you are in Canada, your American girlfriend can apply for you as a K-1 fiancé; you would interview at the American Consulate in Montréal; enter the US and marry within 90 days; and then submit an application on form I-485 to adjust status. Insofar as financial support is concerned, your aunt or one of your cousins could be a cosponsor on your I-864 affidavit of support. When you are approved for your residence status, you are allowed to work and support yourself.
2. Is It Better for My Parents (Who Are Not Yet Permanent Residents) to File For My Sister or For Me, a Citizen, to File for Her?
I am currently a US citizen and I would like to file and get green cards for my parents who live outside the US. Once they get their green cards, they are looking to file for my sister who is single and over 21 years of age. I wanted to know if it’s better for them to file for her or if I should try and file for her. Which process is easier and better?
Mr. Lee answers:
You and your parents can both file for you sister. Visa availability times are changeable and the time for sibling petitions may speed up in the future. Also your sister’s circumstances may change, e.g. her getting married, which may necessitate a backup plan. Neither application is complex where there are common parents.
3. Work Permit
I filed for my husband but he lost the work permit, they are now scheduling an interview. What should we do apply for another work permit or wait?
Mr. Lee answers:
If your husband is being scheduled for an interview already, and you are fairly confident that he will pass the interview, he should probably wait until the interview. If this is an adjustment of status case to permanent residence, an immigration examiner is empowered to give a temporary I-551 stamp of permanent residence which allows employment and travel until the green card arrives.