Can we get a fee waiver to apply for our green card (adjustment of status)?
Question:
I’m a U.S. citizen, and I recently married a fellow grad student of mine, who is from China. She is pregnant, and we are expecting twins in a few months. We would like to submit a green card application for her, but since we’re both in school, we have no source of income, and the application forms are pretty expensive. Can we submit a fee waiver request with the application forms?
 
Answer:
Applicants may request a waiver of many of the application fees charged by U.S. Citizenship and Immigration Services (USCIS), using Form I-912. But it’s not allowed for either Form I-130 (the form you would need to submit in order to petition for your wife) nor, in certain situations, for Form I-485 (the form your wife would have to fill out to adjust status). Specifically, fee waivers for Form I-485 are not accepted by USCIS if filed by an applicant who must prove that he or she is not likely to become a public charge – which is exactly what your wife would have to prove (at least based on the facts you’ve given).
 
In a family-based green card application, applicants must, with the help of their U.S. citizen petitioners (you) prove that they will not likely have to rely on need-based government assistance (sometimes called welfare).
 
Another issue you’ll need to deal with is that you, as the petitioner, must demonstrate that you have a sufficient income and/or assets to support your wife and, in fact, your entire household. If your income and assets are not high enough, your wife’s green card will not be granted.