Can I get a green card via marriage if my F1 student visa expired? 6 Answers as of July 01, 2014

I am out of status because my F1 student visa is already expired. Now I am trying to marry a U.S. citizen who is on welfare and the mother of my two kids who were born here in the U.S. Is it possible for me to get a green card via marriage with her being on welfare? I need help as without work permit, I cannot help my family.

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Law Office of Adebola Asekun | Adebola O. Asekun
Even with an expired F1 visa, you can obtain a green card if you are married to a US citizen and will be able to change status without leaving the US. Your second issue is that your wife must demonstrate her ability to support you financially so you will not end up on welfare if you are granted legal residence. You might still be able to get a green card despite her current situation but you will need another individual to join her as a co-sponsor of the affidavit of support.
Answer Applies to: New York
Replied: 7/1/2014
Universal Law Group, Inc. | Francis John Cowhig
You will need a co-sponsor to meet the financial requirement for the Affidavit of Support. Since your fiance is on welfare, she will not meet the requirements.
Answer Applies to: California
Replied: 6/30/2014
Law Offices of Linda Rose Fessler | Linda Fessler
No. You must leave the country first.
Answer Applies to: California
Replied: 6/30/2014
Rivas-Rivera Law Offices
Rivas-Rivera Law Offices | Juan Ramon Rivas-Rivera
Yes. She could petition for you once you two get married. And, since you entered the U.S. legally you could remain in the U.S. while proceedings are pending. You will also be allowed to file for a work authorization permit along with your petition and with your application to register your permanent residency.
Answer Applies to: Texas
Replied: 6/30/2014
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Yes. You can stay, marry and apply for a green card. But you will need a financial sponsor if she is on welfare.
Answer Applies to: California
Replied: 6/30/2014
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