Can dis­abled hus­band file for me?

Jamaica Gleaner - - GROWTH & JOBS - Dahlia Walk­erHunt­ing­ton Dahlia A. Walk­erHunt­ing­ton is a Ja­maicanAmer­i­can at­tor­ney who prac­tises im­mi­gra­tion law in the United States; and fam­ily, crim­i­nal and per­sonal in­jury law in Florida. She is a me­di­a­tor, ar­bi­tra­tor and spe­cial mag­is­trate in Broward

Dear Mrs Walker-Hunt­ing­ton, Y FI­ANCE´ is a dis­abled United States (US) cit­i­zen. If I go up and marry him, can he file a pe­ti­tion for his wife? He gets a dis­abil­ity cheque from the US govern­ment ev­ery month.


Dear GB, When im­mi­grants marry US cit­i­zens and present them­selves to US im­mi­gra­tion for res­i­dency for the im­mi­grant, the bur­den is on the cou­ple to prove that their mar­riage is valid for im­mi­gra­tion pur­poses.

In the sit­u­a­tion where the two are both in the US and are both present for the ad­just­ment of sta­tus in­ter­view, they must show ev­i­dence of their re­la­tion­ship and courtship. Ad­di­tion­ally, they have to show that they com­min­gle their as­sets and their debts and have knowl­edge of their lives to­gether.

No two cases are the same, and of­ten the in­ter­view and the out­come de­pend on the of­fi­cer who in­ter­views the cou­ple. Some of­fi­cers ask sev­eral ques­tions and oth­ers are brief. There are sev­eral fac­tors in a case that can set off red flags; some are age dif­fer­ences be­tween the cou­ple, lan­guage bar­ri­ers, whether there is a young child sired by some­one other than the spouse, how long the cou­ple have known each other, etc.

If you plan to visit your fi­ance´ in the US, and you marry him and file to change your sta­tus with 30 days of ar­riv­ing in the coun­try, your pe­ti­tion can be de­nied be­cause the as­sump­tion is that you in­tended to change your sta­tus when you en­tered as a vis­i­tor. How­ever, if you marry af­ter the 30 days, your US cit­i­zen boyfriend can file to ad­just your sta­tus. Part of the ad­just­ment of sta­tus pack­age is an Af­fi­davit of Sup­port. Your hus­band will be re­quired to file one even if his in­come is in­suf­fi­cient — ac­cord­ing to the US poverty guide­lines. Any form of le­gal in­come (in­clud­ing dis­abil­ity in­come) can be used to sat­isfy the re­quire­ment. If your hus­band does not make enough money, he can ei­ther use as­sets or a joint spon­sor.



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