QUESTION
Will my boyfriend's application for me be denied if he is on food stamps?
Asked on Sep 19th, 2011 on Immigration - New York
More details to this question:
My fiance is a citizen of the US and wants to marry and sponsor me, but he is on food stamps. Will this affect us in terms of his being unable to support me? We are both 19 years of age from the same foreign country and attended the same high school and have been in a relationship since then. He has been a U.S Citizen for 6 years now. He is just about making $14,000 per year and is on food stamps. Will his application for me be turned down if he is on food stamps?
10 ANSWERS
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Your case requires some additional inquiries and researches before a conclusion may be made.
Answered on Jul 09th, 2013 at 12:59 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Eventually he will need a co-sponsor.
Answered on Jun 23rd, 2013 at 10:37 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It's not the use of food stamps that is an issue; it is whether or not he has the income to satisfy the I-864 Affidavit of Support. If he does not, then he will need to find a joint sponsor to file an additional I-864. It sounds like you are a long-term overstay. Did you enter the US lawfully? If you entered EWI, your husband’s petition will not allow for you to file in the US. Consult with an experienced immigration attorney.
Answered on Sep 20th, 2011 at 1:20 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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He will have to sign an affidavit of support. If he earns less than 125 % of the poverty level, he will not be able to petition you without getting another co-sponsor to sign another affidavit.
Answered on Sep 20th, 2011 at 5:00 AM
The application should not be denied for lack of sufficient income if you provide a co-sponsor who meets the income requirement.
Answered on Sep 19th, 2011 at 8:59 PM
Immigration and Nationality Attorney serving Chicago, IL
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Simvisa
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No, but you you will most likely need a co-sponsor to sign an affidavit of support on your behalf.
Answered on Sep 19th, 2011 at 8:40 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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No. He just needs to find a co-sponsor for his application for you.
Answered on Sep 19th, 2011 at 8:02 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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This can impact his ability to do the affidavit of support. However he can use a joint sponsor to qualify for that portion!
Answered on Sep 19th, 2011 at 4:55 PM
If your soon-to-be husband does not have proof that he earns enough money to support you (generally at 125% of the published Poverty Guidelines), then it will be necessary to include an Affidavit of Support from a "joint sponsor." Nearly anyone who is a U.S. Citizen or Lawful Permanent Resident may serve as a joint sponsor - he/she need not be related to the U.S. citizen or the beneficiary.
Answered on Sep 19th, 2011 at 4:55 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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He must have an income above the poverty line. It sounds like he is right on the edge. It would be prudent to find a cosponsor. It would also be advisable to hire an immigration attorney so you don't make mistakes and lose the filing fee.
Answered on Sep 19th, 2011 at 4:32 PM