Q&A’s published on the World Journal Weekly on September 5, 2021 1. Can an immigrant be household member if main source of income is abroad? 2. How long after getting married I can file immigrant paper for my spouse? 3. Fiancé Visa or Marriage Visa 4. Nationality changes in I-130 5. Do I have to pay international student (F1 visa) tuition for a four year university if my i-485 is approved (Adjustment of Status)

1. Can an immigrant be household member if main source of income is abroad?

I am a U.S. citizen, sponsoring my husband. He owns a business abroad and that is our household income (I am unemployed.) Can he be considered a household member on the I-864, or must it be U.S. employment?

Mr. Lee answers,
While an intending immigrant’s assets can be used to provide for support if the petitioner does not have the ability to support on his or her own, an immigrant’s overseas job income is generally not considered for purposes of an affidavit of support since the immigrant is coming to the US and supposedly giving up his or her position in the home country. 

2. How long after getting married I can file immigrant paper for my spouse?

How long after getting married to a Mexican (non-us citizen) do I have to wait to start filing for his papers? Can I begin a few Weeks after or do I have to wait for a specific time period?

Mr. Lee answers,
There is no specific time period during which a petition must be held off after the celebration of a marriage. We have had many people file green card petitions for their spouses in the week after the marriage ceremony. I note that we did see one time that a divorce decree stated that the couple could not remarry for a certain period, but other than that, I do not know of any other restrictions.

3. Fiancé Visa or Marriage Visa

Would it be easier to get my fiancé a fiancé visa to come to the US from Mexico & get married here then apply for a green card or would it be easier to just get married & then begin with the process of fixing him papers?

Mr. Lee answers,
In general, a marriage shows more of a level of commitment to a consular officer then an engagement. That being said, a consular officer will look to determine at time of interview whether-in his or her opinion-there is a bona fide relationship. 

4. Nationality changes in I-130

I filed an I-130 petition for my sister in August 2010. When I filed the petition, my sister was a Peruvian citizen. She has recently become a naturalized citizen of Spain. How can I notify the Visa center of this change? Will her change in citizenship speed up her priority date (I’m thinking maybe there are less people from Spain than Peru requesting immigration)?

Mr. Lee answers,
To notify the National Visa Center of any changes of circumstance, you can send an email communication to it at https://nvc.state.gov/inquiry. The change in citizenship will not impact your waiting time as both Spain and Peru are listed under “All chargeability areas except those listed” with visa availability in the August visa bulletin “final action dates chart” confined to those who filed petitions before 3/1/07.

5. Do I have to pay international student (F1 visa) tuition for a four year university if my i-485 is approved (Adjustment of Status)

I am an international student under F1 visa in U.S. My mother applied for her green card in 2006 and got did her interview with my father in 2019 and was approved. I didn’t go to the interview with them since I was in school, they are waiting on their visas to come but because of Covid it has been push back. But since my i-485 will be approved, do I have to still pay tuition as an international or a California resident? ( the school is UCSD )

Mr. Lee answers,
Generally speaking, an individual with a pending I-485 application is not considered to be a permanent resident with all the rights and privileges including in-state tuition payment. However, you can check with UCSD to determine whether it has a different policy. California appears to be a progressive state for immigrant rights.