Generally, a U.S. citizen sponsoring a spouse in a marriage-based adjustment of status application process must have sufficient documentable income for his/her household size as specified in the current edition of the Poverty Guidelines shown in this link: https://www.uscis.gov/i-864p. When the U.S. citizen spouse does not have sufficient documentable income, it may be necessary to have a joint sponsor in the application process. Generally a joint sponsor may be any adult who is a U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support form. When a foreign national spouse in valid nonimmigrant visa status applies to adjust status in a marriage-based application, that spouse also will apply for an Employment Authorization Document ("EAD" or "work permit") and for Advance Parole ("AP" or a "travel document"). The USCIS generally grants an EAD and AP within about 90 days. The Advance Parole would authorize the foreign national spouse to travel abroad and to re-enter the U.S. while his/her adjustment of status application remains pending. If the U.S. citizen spouse did not travel abroad with the foreign national spouse, it may be necessary to have particularly strong documentary evidence that the couple are living together in a bona fide marriage notwithstanding one spouse's absence for a significant period of time. It would be wise to consult with an immigration attorney who, after learning all of the relevant information, including information about the type of visa held by the foreign national spouse, could advise about eligibilities, options and strategies and who could offer legal representation in the often quite complex application process.
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