QUESTION
Can I still sponsor my husband if I am unemployed?
Asked on Nov 30th, 2011 on Immigration - Massachusetts
More details to this question:
My now husband entered the US legally on a student visa. I am a US citizen. We recently married and want to apply for his permanent residency. He is from Haiti and therefore was able to obtain a legal work permit and has been working full time. I need to be listed as sponsor but I just moved to his state (having finished college) and am presently unemployed. As long as he makes above poverty line, are we okay? Do we need to include a letter with our paperwork stating this information? I'm afraid if I am listed as sponsor and show no income, they will think we have no money and that is not the case.
8 ANSWERS
As long as his income is sufficient for affidavit of support purposes (check the most current federal poverty guidelines for your size household), you may not need to get a joint sponsor to sign the affidavit of support on his behalf. However, you will need to both sign an additional form, which is the I-864A.
Answered on Dec 06th, 2011 at 5:45 PM
Business Litigation Attorney serving Chicago, IL
at
Law Offices of Peter Y. Qiu
Update Your Profile
You need to consult a lawyer with all relevant financial information before a decision can be made. Generally speaking, an unemployed person may have an eligibility issue to sign an I-864.
Answered on Dec 05th, 2011 at 2:54 PM
3 Awards
His income can be used as long as he is authorized to work. So, your income and his can combined to meet 125% poverty line.
Answered on Dec 05th, 2011 at 2:01 PM
He must file his adjustment application with an affidavit of support, form I-864, but you can include his income by filing I-864A signed by him if he worked legally in the U.S.
Answered on Dec 05th, 2011 at 1:47 PM
2 Awards
You should have a joint tax return as married filing a joint return. That way the income is for both of you. You must be a sponsor and file form I-864. If your income is not enough you can get a joint sponsor to help and that could be a friend or family member. So either way he should be okay.
Answered on Dec 05th, 2011 at 12:51 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If he is working legally and you have been together for at least six months, his income can count; otherwise you will need a co-sponsor. In any case you will need to sign an Affidavit of Support even if you earn no income.
Answered on Dec 05th, 2011 at 12:32 PM
Criminal Law Attorney serving Newport Beach, CA
at
Right Choice Law
Update Your Profile
You will need other US citizen or Legal resident willing to sponsor or show that he/she will support in time of need. Good luck.
Answered on Dec 05th, 2011 at 10:39 AM
Because your husband is working legally, his income can be counted as part of the household income on the I-864 affidavit of support that you are obligated to do for him. There is no need for him to do an I-864A because he is the intending immigrant. If his income is sufficient to support all household members at 125% of the poverty guidelines as listed on form I-864P, there should be no problem.Note that the petitioner must always doan affidavit of support for the beneficiary even if the petitioner has no income. A joint sponsor can be used if necessary butfrom what you have indicated, one willprobably not be needed in your case.
Answered on Dec 05th, 2011 at 10:34 AM