How do I get my status adjusted if I am currently on a F1 visa?

Yes, it will affect the petition. However, if done properly, you can get a joint sponsor. *Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.

No, your wife's joblessness will not affect her petition for you, provided that your joint sponsor meets the financial requirements for an affidavit of support. I suggest that you contact an experienced immigration law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case, advise you of your options and make sure that your petition goes smoothly.

You wife's unemployment would not effect the family based visa petition she filed on your behalf. That visa is based on your marital relationship not on whether you are admissible into the United States pursuant to that visa. The next step after your visa is approved relates to whether you can adjust your status to that of a lawful permanent resident pursuant to that family based visa. This requires you to file Form I-485 with the United States Citizenship and Immigration Service (USCIS). This is the point where your wife's unemployment maybe an issue. Why? Well, in addition to your requirement of showing that you have good moral character and are admissible to the United States, you also have to show that you would not become a public charge to the United States government. Since your wife is unemployed, she can not file an affidavit of support on your behalf so you will have to find someone else or maybe two other sponsors who will agree to file an affidavit of support on your behalf. Basically, this affidavit of support is seen as a contract with the United States government and the individual signing the affidavit of support is promising to financially support you, if you otherwise can not, so that you don't become a public charge and rely on such things as welfare, etc. Keep in mind that if you have a job and you make sufficient enough income where you can support your wife and children, you may not need a sponsor to submit an affidavit of support on your behalf.

As long as you have a joint sponsor whose income is sufficient and who will be signing the affidavit of support on your behalf, the fact that your wife is not currently employed will not affect your ability to get a green card. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Your spouse's unemployment will not prevent her from successfully petitioning for you as long as you have joint sponsors who can meet the financial requirements.