QUESTION
Will his unemployment affect our I130 petition?
Asked on Nov 08th, 2013 on Immigration - Texas
More details to this question:
Good day! I’m a wife of a US citizen. I’m from the Philippines. We have already filed our I-130 application and USCIS already accepted our application last August 11, 2013. My husband was here in the Philippines from May 30, 2012-March 9, 2013 so he doesn’t have work during that time. We got married last February 25, 2013. I gave birth to our son last April 11, 2013. He started working there from March 15, 2013- middle of September 2013 then he went here at the Philippines last September 29 - October 25. He resigned from his work. He was just hired last November 6, 2013 as a warehouse staff. Our agency here in the Philippines told us that it would take 3-5 months before the USCIS respond to our application. Is it true? Thank you so much.
6 ANSWERS
Yes, it is taking about 5-7 months for the I-130 to be adjudicated and then if it is approved, it will be forwarded to the National Visa Center for additional document and fee collection before it can be sent to the U.S. Embassy in Manila for the consular interview.
Answered on Nov 13th, 2013 at 1:06 PM
Read I-864 instructions and I-864p form. If you still have questions, you need to meet/ consult with a U.S. attorney.
Answered on Nov 13th, 2013 at 1:05 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
At the next stage he will need to show he is able to support you with U.S. employment or assets in the bank or a co-sponsor. You are looking at a total of 7-12 months at least to get to the U.S.
Answered on Nov 13th, 2013 at 1:05 PM
Rebecca T White
I-130 applications may take slightly longer than that at this time. If your husband is now employed and his current salary will meet the poverty guidelines for your family size you will be fine. If between any savings or assets and salary you don't meet the required income levels, a joint sponsor will be needed.
Answered on Nov 13th, 2013 at 1:04 PM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
Update Your Profile
No it will not affect the I130 petition if he is unemployed.
Answered on Nov 13th, 2013 at 1:04 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
Your husband's employment status should not affect the adjudication of your I-130 petition. However, you may need one or more joint sponsors to meet the affidavit of support requirement when you file your immigrant visa application at the National Visa Center after your I-130 has been approved. According to the processing times listed by USCIS, it is taking up to 1 year for service centers to process I-130's.
Answered on Nov 13th, 2013 at 1:01 PM