QUESTION

How do we get an affadavit of support if my husband does not have a job?

Asked on Nov 18th, 2011 on Immigration - California
More details to this question:
I am a US citizen and right now in my origin country and met the guy and his family. They all are so nice and I have found the right man. I know if I file the Fiance visa for him and his 17 year old boy, I have to give the affidavit of support and if I don't make enough, I have to find a sponsor. In case if I get married, who will provide affidavit of support? He is jobless these days, but an educated man and looking for a job. Would it effect on the visa petition (fiance or immigration both) being jobless and having not enough money on his bank account? In his interview, could they ask about his job and source of income and assets or savings? How does his financial situation effect his visa process in both petitions options?
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7 ANSWERS

Immigration Law Attorney serving Phoenix, AZ
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His finances have no effect.
Answered on Jun 26th, 2013 at 1:05 AM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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You cannot use his income to qualify for the affidavit of support, as he has none in the US. You will need a joint sponsor.
Answered on Dec 01st, 2011 at 5:01 PM

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As long as you have a sponsor whose income is sufficient to sign the affidavit of support on behalf of your fiancee and then husband and his son, then there will be no negative impact on their ability to get a visa to the US or a green card once they are in the US.
Answered on Nov 30th, 2011 at 3:47 PM

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Assault Attorney serving Richardson, TX
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Get a co-sponsor who is strong enough to qualify. Your lawyer can help.
Answered on Nov 29th, 2011 at 12:11 PM

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Your future husband does not need to have a job or assets of his own. You, the petitioner, are the one who has to do the affidavit of support regardless of how much money you make. If you go the fiance visa route, you will have to do 2 types of affidavits of support: the I-134 when he applies for the K-1 fiance visa, and the I-864, after he comes to the U.S. when he applies for adjustment of status (green card). Not knowing more about your case, my sense is that you might be better off marrying him and going the immigrant visa route because then you would just be doing the I-864 and, because your income is not sufficient, you could get someone to be a joint sponsor. There is more control with the I-864 done in this country with the National Visa Center in N.H. I don't know which country you are in but some of the U.S. Consulates are difficult to deal with and at the K-1 stage it seems to me it is better not to have to dotwo I-134s. If you marry your fiance inhis country, be sure to getthe official certified civil marriage certificate. Then you will come back and file an I-130 petition for him with CIS (Immigration). After the I-130 is approved, it will go to the NVC (State Department).You will have to do a separate I-130 for his son but you have to get married before he turns 18. If that seems like too much initialexpense to you, of course you can try for the K-1 visa; his son would be a K-2 and could be included even if he is over 18 (but only until he is 20). But remember that once they both entered the U.S., they would have to do separate adjustment of status applications, so that is an additional large expense later on, whereas if they both enter with immigrant visas, they're done the green cards come in the mail a few weeks later.
Answered on Nov 23rd, 2011 at 4:05 PM

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Immigration Law Attorney serving Los Angeles, CA at Law Offices of Alan R. Diamante APLC
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You can always get someone else to also sign an affidavit of support. He can be petitioned even though he does not have a job as long as he is not a possible public charge.
Answered on Nov 21st, 2011 at 2:56 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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You will need to find a co-sponsor to sign an Affidavit of Support to get them here. You will sign as well but if your income is insufficient then a co-sponsor will be required.
Answered on Nov 21st, 2011 at 2:09 PM

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