QUESTION

Can a non-blood relative act as a joint sponsor with my husband?

Asked on Jan 31st, 2019 on Immigration - Louisiana
More details to this question:
my husband i moved to the states months ago, i came in with B1/B2 visa that was extended with stay until March ends. my husband doesnt have a job anymore. can a non-blood relative who meets the requirement of a sponsor act as joint sponsor with husband so we can file adjustment of status? They are both American citizens, how long will it take? can i file for work permit instead and then file for adjustment when my husband becomes employed?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I will assume for purposes of your question that your husband is a US citizen.  A non-blood relative can act as the joint sponsor on the affidavit of support as long as the offer is credible. A typical adjustment of status to permanent residence case filed by a US citizen petitioner takes approximately a year to interview in most district offices of USCIS.. You can file for a work permit if you file the I-485 application to adjust status at the same time that you are filing the I-130 petition for alien relative. If your husband only files the I-130, you cannot apply for employment authorization. Even if you file a concurrent I-130/I-485 application, U.S.C.I.S. is taking approximately 3-8 months to process employment authorization cards. During that time, you would not have employment authorization. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 26th, 2019 at 5:15 PM

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