QUESTION
How will my unemployment affect affect my spouse's AOS petition?
Asked on Feb 24th, 2012 on Immigration - California
More details to this question:
I am a US citizen married to a B1/B2 visa holder. I am currently unemployed(for 3 years) now due to a medical condition. How will this affect affect my spouse's AOS petition and how do we fulfil affidavit of support requirements?
10 ANSWERS
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You should get someone to file a co-sponsoring affidavit of support.
Answered on Mar 01st, 2012 at 8:05 AM
Immigration Law Attorney serving Orlando, FL
at
Stoller & Moreno, P.A.
Update Your Profile
As the sponsor on your spouse's petition, you are required to complete the Form I-864, Affidavit of Support. However, if you cannot meet the requirements associated with this form because of unemployment, you can use a joint sponsor to get there. A joint sponsor can be anyone who is a US citizen or lawful permanent resident who is domiciled in the US. The joint sponsor would be required to complete the I-864 and would be bound by the terms of it the same as would you. So this is a resolvable problem and we can certainly help you find a solution. I would recommend discussing your case with a competent immigration attorney.
Answered on Feb 28th, 2012 at 2:55 PM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
You will likely need a joint sponsor.
Answered on Feb 28th, 2012 at 12:20 PM
2 Awards
It would not affect it because you can have another sponsor take over if needed.
Answered on Feb 27th, 2012 at 4:17 PM
Immigration Law Attorney serving Hialeah, FL
at
Hernandez & Suarez, PL
Update Your Profile
To fulfill the affidavit of support you will do one with whatever income you receive, even if it is zero. Then you will need to present one or more from other people that pledge through the affidavit of support they will be responsible for your husband.
Answered on Feb 27th, 2012 at 3:57 PM
You would need to get a joint sponsor to sign the affidavit of support on your spouse's behalf. It would have to be someone who is a US citizen or a US permanent resident and whose assets and/or income is sufficient for sponsorship purposes.
Answered on Feb 27th, 2012 at 3:52 PM
Litigation Attorney serving Pearl River, NY
at
Law Office of Bijal Jani
Update Your Profile
Your continuous unemployment will affect your spouse's AOS application very significantly. Unless your spouse shows that he/she is legally employed, you will most likely have to show additional financial support from a Household member.
Answered on Feb 27th, 2012 at 3:45 PM
Immigration & Naturalization Attorney serving Olympia, WA
at
Seifert Law Offices PLLC
Update Your Profile
Petitioner's often have assets that can be used, or they may obtain a joint sponsor. But be aware, that even without any income, you are the main sponsor in the petition, and you must file a form I-864. This area is tricky, and I recommend that you see an experienced immigration attorney to help you strategize and get your questions answered.
Answered on Feb 27th, 2012 at 3:41 PM
Sorry to hear about your medical condition. A U.S. citizen's unemployment will not stand in the way of successfully petitioning for her husband to adjust status to become a Lawful Permanent Resident (to get a "Green Card"), although if she does not have sufficient income (or, in some instances, assets), it will be necessary to have a "joint sponsor" also supply an Affidavit of Support. The Joint Sponsor need not be related to the couple, and generally can be any adult who is either a U.S. Citizen or Lawful Permanent Resident who make sufficient income to support his/her family and also the foreign national at no less than 125% of the published Poverty Guidelines. 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 Feb 27th, 2012 at 3:37 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
You can always find a joint sponsor (someone else who is willing and able to complete the paperwork). Many of our clients have joint sponsors because their spouse is not employed or in school full-time. As long as the joint sponsor is willing to share their financial documentation and sign a form, then they are good to go. And also the joint sponsor must either be a US citizen or green card holder. It does not need to be a relative!
Answered on Feb 27th, 2012 at 3:36 PM