Marriage to Girlfriend With H1-B Work Visa

Im 22 and my gf is 26 who ive been with for a year, she came here at the end of 2003 on vacation and ended up staying and getting a H1-B workers visa for 2 years, which expires dec 1, 2006. Ive known her scince she came here because she works where I work. She was under the impression that you just file to renew the visa before it expires. Well we went to see her immigration attorney yesterday and she wrote everything down and it turns out you have to pay almost 6 thousand dollars just to get it renewed, which totally changed the whole situation because she doesnt have the money to pay for that. Her other option is getting married, which we had talked about before. What is the process for that? It would have to be before Dec 1st I would assume? I still live at home and she lives with her aunt 5 minutes away from me. Im going to be starting school for automotive technology in Feb of 07, and she has already graduated 4 year college for physical therapy from her county, and needs to take a couple classess here to be able to get her physical therapy liscense. What is the best way to go about this?

If you marry, she can follow these instructions to adjust her status on the basis of marriage. You would have to file an affidavit of support, which might be a problem if you're a student with a limited income - so you may need to find somebody willing to cosponsor her.

It says there is no filing fee for the affadavit of support? Also


Form I-765 Authorization for Employment (if seeking employment while case is processed). For more information, see How Do I Get a Work Permit?



Would she need that? she is already employed.

If she is already qualified to work, she doesn't need to again qualify. But if she wishes to continue working past the expiration of her H-1B or if she wishes to seek other employment where she cannot get an H-1B, that's an option.

Why do i need a affadavit of support?

To show that she will be financially supported.

But she can financially support herself though

And if she loses her job? (I don't make the rules, and I can't change them.)

Another thing im not fully understanding is, it says in order to sponsor for the affadavit of support, you must reach the poverty line requirement. I live with my parents and grandmother, so that means the total income of all the people in this household of 4 people must be $25,000 or higher? I dont make 25,000 a year, so how would i go about counting the income and assets of my father, he would have to be on the affadavit of support as well? Also, do we have to live together? We cant because of financial reasons and me about to be starting school, so how does that work?

Your limited income is why it was suggested earlier that you might require a cosponsor.

If you don't live together, you risk the USCIS presuming that your marriage is a sham.