My girlfriend and I are planning to marry and I wish to petition her so she can stay here in the US with me and not have to go back to her home country. She just graduated from her MBA from a US university and has a job offer now in the US - she is currently in the US. The problem is that I have been under unemployment benefits for a while now. Will my unemployment affect my petition for her?
Generally a U.S. citizen may sponsor a spouse in a marriage-based adjustment of status application if the foreign national spouse entered the U.S. lawfully and with inspection, such as with an F1 student visa for an MBA program. This is true even if the U.S. citizen spouse may be unemployed and receiving unemployment benefits. If the U.S. citizen's income is insufficient to meet the legal requirements, however, it may be necessary to have a "joint sponsor" for the application process. Generally a joint sponsor may be any 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. Of course, there are other details that can impact eligibility for a marriage-based immigration application. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
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