QUESTION
Will unemployment benefits affect my wife's petition?
Asked on Jan 09th, 2012 on Immigration - California
More details to this question:
I lost my job and I plan to apply for unemployment compensation benefits. My question is, if asking for U.B. will it affect my petition (I-30) for my wife in Peru? I am US citizen.
12 ANSWERS
Sorry to hear that you lost your job. As you probably know, you are in good company. I wish you success in finding another job. A U.S. citizen's application for unemployment insurance benefits will not stand in his way of petitioning for a spouse to gain immigration status, although if the U.S. citizen no longer has a sufficient income to support himself, his wife and any other dependents at 125% of the published poverty guidelines, it will become necessary to have a "joint sponsor." The joint sponsor need not be a relative of the couple, but instead may be most any U.S. citizen or Permanent Resident with sufficient income who is willing to assume the responsibilities associated with being a joint sponsor. Since you have limited understanding of the "consular processing" and related steps that will be needed for your wife to come to the U.S. and remain here as a Permanent Resident (to get a "Green Card"), it would be wise to engage an immigration attorney for legal representation.
Answered on Jan 26th, 2012 at 6:58 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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No, but if you are not working you may not qualify for the I-864 affidavit of support.
Answered on Jan 24th, 2012 at 7:14 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It will not affect the I-130 petition but you still have to be an eligible sponsor for her consular process. If you are not earning enough for the affidavit of support, you can get a co-sponsor.
Answered on Jan 24th, 2012 at 5:10 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It could affect it and show that she is a public charge. This would make her inadmissible. It would depend if the benefits are State or Federally given.
Answered on Jan 24th, 2012 at 2:16 PM
Bankruptcy & Debt Attorney serving Phoenix, AZ
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Law Office of Darshak Shah
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Your unemployment benefits will not be a barrier to your I-130 petition for your wife as long as you will be able to show financial ability to support her upon her immigrant visa interview. This financial ability to support can be shown by you as the petitioner or if for some reason you are not able to show it, then you may always seek the help of a co-sponsor who may have the financial ability to support at the time as long as that person is a US Citizen or a legal permanent resident.
Answered on Jan 24th, 2012 at 2:15 PM
Your income if irrelevant for your I-130 petition. You need to demonstrate sufficient income when your wife applies for her immigrant visa upon I-130 approval but can always submit additional I-864 from co-sponsor if you do not meet the income requirements.
Answered on Jan 24th, 2012 at 2:11 PM
Leon Wildes
No. Unemployment is not a ground for losing your priority date on the waiting list.
Answered on Jan 24th, 2012 at 2:09 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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you will need to prove your have sufficient income to sponsor your wife. UB should not affect except if you do not have enough income at the time of her visa interview, you may need a co-sponsor.
Answered on Jan 24th, 2012 at 2:07 PM
It might, yes, because you need to show income that is sufficient for affidavit of support purposes and if you are no longer working you will not be able to show it. Therefore, you will need to get a joint sponsor to sign the affidavit of support on your wife's behalf.
Answered on Jan 24th, 2012 at 2:07 PM
2 Awards
You will need to find a co-sponsor, otherwise your I-130 Petition will not be affected.
Answered on Jan 24th, 2012 at 2:01 PM
3 Awards
It may affect her case when you need to fill out form i864.
Answered on Jan 24th, 2012 at 12:43 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You must satisfy the affidavit of support requirement as outlined on the I-864 form and instructions. These are found at www.uscis.gov. If you cannot satisfy, you can have a USC or green card holder act as a joint sponsor.
Answered on Jan 24th, 2012 at 12:37 PM