QUESTION
Can a woman who is under a food stamp file a green card for me without any immigration issues?
Asked on Jan 11th, 2015 on Immigration - New York
More details to this question:
I have a fiance who is currently recieving food stamps and live in a low income housing. I wish to know if he can file a petition for me to get a green card after we got married.
4 ANSWERS
If he is a US citizen he can petition for you as his fiancee. However, if his income is insufficient for affidavit of support purposes, he will need to get a joint sponsor to sign the affidavit of support on your behalf.
Answered on Jan 14th, 2015 at 7:25 PM
Generally, a U.S. citizen may petition for a spouse to "adjust status" to become a Lawful Permanent Resident (to get a "Green Card") regardless of the U.S. citizen's low earnings and even if he may be receiving public assistance. In that event, however, a "joint sponsor" will be needed. The joint sponsor need not be a relative, but instead may be nearly any Permanent Resident or Citizen who has sufficient documentable income and who is willing to assume the responsibilities specified in the Affidavit of Support form. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jan 14th, 2015 at 9:31 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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He can file a petition for you, but he will have to meet the financial requirements for the affidavit of support, which it does not look like he will be able to meet if he is on food stamps. He will need a joint sponsor who does meet the financial requirements in order for the petition to be successful.
Answered on Jan 13th, 2015 at 9:11 PM
Yes, she can, but she will need a joint sponsor.
Answered on Jan 13th, 2015 at 9:05 PM