Re: Overstaying and Marriage
If she's in a state that doesn't verify her immigration status before issuing a marriage license, or travels to such a state, she can marry her boyfriend consistent with the other laws (e.g., residency requirements) of the state involved.
If she is subject to the two year home residency requirement, she cannot adjust her status based on marriage until she either gets a waiver or fulfills that requirement.
If her husband cannot sponsor her, they will need to find a sponsor or cosponsor with sufficient income and resources.
Re: Overstaying and Marriage
Thank you for the reply. She's in California and I'm not to sure if they check there... Her boyfriend is a US Citizen so I'm sure the residency requirements and other things are covered. I'm not to sure if she is subjected to the 2 year home residency requirement but then again she can get a waiver or fulfill that requirement. Does the waiver cost anything also does having a sponsor or cosponsor cost anything with the application process?
Re: Overstaying and Marriage
Is her intended actually aware of what sponsorship entails?
Re: Overstaying and Marriage
No, I'm not to sure if he knows what sponsorship entails. Are you willing to explain?
Re: Overstaying and Marriage
The sponsor/co-sponsors would have to (generally) sign the I-864 Affidavit Of Support. This is a contract between the sponsor and the US government, promising that the immigrant won't become a public charge (basically won't go on welfare). They are effectively promising to, if needed, provide support up to 125% of the Federal Poverty Level. Think along the lines of $1100/month.
It used to be that only the government would seek reimbursement from the sponsor if the immigrant did become a public charge, but since 2005/6 there have been an increasing number of lawsuits against sponsors and none - as far as I'm aware - have gone against the immigrant. The I-864 is also being used during divorce cases to calculate spousal support even in cases where ordinarily no spousal support would be ordered (for example, for a short marriage).
The obligation does not end until one of these conditions is met:
1. The immigrant dies;
2. The immigrant leaves the country permanently (abandons their residency)
3. The immigrant earns 40 qualifying SS quarters (works for around 10 years)
4. The immigrant naturalizes (becomes a US citizen).
This is a very serious commitment. And unfortunately most sponsors don't realize the gravity of the potential obligation.
Re: Overstaying and Marriage
Thank you again for the swift reply. Well the co-sponsor in this case would be her boyfriends mother. She's currently an RN making around 56k a year so I'm sure she's far above the 125% of the poverty line in California. The only issue I see here would be as you said a short marriage ending in divorce but looking at the positive side of things (lets say they do stay together) would the co-sponsor be qualified to sponsor their marriage?