QUESTION
Will my husband be able to file for citizenship and sponcer me without job?
Asked on May 16th, 2012 on Immigration - Colorado
More details to this question:
I moved to the us with my parents with a vacation visa and overstayed for about 13 yrs. I've now been married to my husband for four years now and we have two beautiful twin boys! My husband is currently unemployed and recieved unemployment benefit. I do not work. My husband is a permanant resident. Will he still be able to file for citizenship and/ sponcer me?Thank you for you respond
7 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Being jobless will not prevent your husband from qualifying for citizenship. However, you may need a joint sponsor to help you meet the minimum financial requirements when you apply for your residency.
Answered on Jun 06th, 2012 at 9:02 PM
Litigation Attorney serving Pearl River, NY
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Law Office of Bijal Jani
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Having gainful employment is a requisite for filing for naturalization as well as sponsoring another individual. It is suggested that petitions be filed once your husband has gainful employment.
Answered on May 29th, 2012 at 4:14 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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He can file for citizenship, but you need a joint sponsor for residency.
Answered on May 29th, 2012 at 2:53 PM
Your husband can file for you but should wait until he has obtained his citizenship. Your being out of status does complicate matters but usually, if he is a citizen, Immigration will allow you to proceed. With no income or insufficient income, it will be required that your husband obtain an Affidavit of Support from someone who has sufficient income. There is one exception and that is if your husband has sufficient assets as to allow him to satisfy the income requirement based on their value.. This is usually hard to qualify for. Good luck.
Answered on May 29th, 2012 at 2:27 PM
He can file for US citizenship, if he is otherwise qualified; the fact that he is unemployed will not be a factor in that process. To petition for you, however, he will either need to show an income sufficient to sponsor you for affidavit of support purposes or have a joint sponsor (friend, relative, co-worker, neighbor-ANYONE who is a US citizen OR green card holder) whose income is sufficient and who will be willing to sign the affidavit of support on your behalf.
Answered on May 29th, 2012 at 1:21 PM
Your husband should apply for U.S. citizenship before you seek to legalize your stay through your marriage. He does not have to be employed to become a U.S. citizen but his income is relevant for your case. You should consult with an immigration attorney for an assessment of your situation.
Answered on May 29th, 2012 at 1:07 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Your LPR husband can file for naturalization even if he is unemployed. If he files a petition for you, he will need to have income or a co-sponsor.
Answered on May 29th, 2012 at 12:51 PM