Round Rock, TX Immigration Law Firms & Lawyers

Hello. If you do not want to file a fiance' visa, it will be tough for her to get a B2, tourist visa without a job. She would need show some other significant assets in the Philippines. Or, you could file an I-134 for support to help with the B2 application. However, it will still be an uphill battle because of her lack of employment.  

Like any F-1 student he will need to demonstrate that he is only coming temporarily and intends to return. Being married to an LPR will make this more difficult but not impossible. Make sure he is completely truthful on his application about having an LPR spouse and include his statement that you are filing an I-130 petition for him but he understands he will need to return abroad to process for his immigrant visa or sooner if his F-1 expires and show his ties to the home country.

In general, the actual earnings of the individual who signs the Affidavit of Support will be controlling. Beyond showing a Form 1040 as evidence of the Affiant's income, Forms W-2 or similar evidence should be supplied. If your wife individually does not earn sufficient income to meet the requirements, then it may be necessary to have a joint sponsor, and if you are a U.S. citizen or Permanent Resident you may serve as joint sponsor. The Affidavit of Support is just one of the details in the family-based immigration process that can be quite complicated. It would be wise for your family to engage an immigration attorney to help assure that the case is prepared and pursued properly.