If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here. 

Q - I have been asked to many times to do an affidavit of support.  is there a limit to how many times I can support somone.  or how many people I can support at one time?  

A - You can sponsor as many people as you can show in total you have the capability of supporting. So if you sponsor three different people on three affidavits of support, you need to show you can support three people simultaneously plus yourself and anyone else in your household.  

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Q - My dad, a US citizen, filed an I-130 immigrant visa petition for his 23 year old daughter in Guatemala about 2 years ago. USCIS said the waiting time is 4 to 5 years. She just got married. Does this mean everything is lost because she got married?  

A - No, the petition will remain active. But the daughter will now be in the slower Family 3rd preference category line. The original filing date will remain the same, however, for purposes of determining where in the line she is.  

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Q - I am an American citizen planning to get married to a foreigner.  I've known my fiancé is infected with herpes, but we still love each other.  When we get married, would he be able to obtain his green card?  

A - Yes. Herpes is not a communicable disease that would bar someone's admission to the US .  

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Q - I am a legal resident of Texas which recognizes proxy marriages.  My fiance lives in Hong Kong . If we marry by proxy in Texas and consummate the marriage, will the USCIS recognize this marriage and allow me to file an I-130 petition?   

A - If the marriage is recognized in Texas and is consummated, then it should be acceptable for immigration purposes. While proxy marriages are normally not accepted for immigration purposes, an exception is made when the marriage is consummated and the marriage is legal where it took place.  

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Q - Your web site provided this H-1B visa information:  

"Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After this time, an alien must remain outside the United States for one year before another H-1B petition can be approved." (http://www.visalaw.com/04dec3/2dec304.html)  

Does it mean to qualify for another H1B visa, do I have to be outside of the U.S. for continuous 365 days?  I was outside of the states for 100 days, then traveled to the states for 1 week, out for another 300 days then 5 days back in the country. Am I qualified for another H-1B?  

A - The H-1B regulations state the following:  

" An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15) (H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15) (H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year."  

So your short trips to the US should not be a problem.