Can I file an I130 while on welfare? 15 Answers as of October 28, 2011

I-130 does not require proving he will not be a public charge but at the next stage you will need to get a co-sponsor such as your Dad. As long as it is a good faith relationship the age difference won't matter - just be sure to keep lots of documentation of your ongoing relationship while you are waiting for him to come here.

You can have someone co-sponsor on the affidavit of support and you should be ok.

It sounds like you filed both an I-130 and are in the process of consular processing with your husband? One requirement to petition for a family member who is otherwise eligible to immigrate is to file and Affidavit of Support. An Affidavit of Support establishes that you will maintain that family member at a certain income so that they will not rely on public benefits. If you are not able to earn enough income to meet that requirement, the immigration regulations allow for you to use a joint sponsor or substitute sponsor who makes enough money to sponsor the immigrant. 8 CFR 213a.2. The fact that you are 8 years older than your spouse might be a factor that might make them look more closely at the validity of the marriage, but it should not prohibit your spouse from immigrating if the marriage is a real marriage.

You should be fine as long as you can find co-sponsor if your income is insufficient to sponsor all members of your household. You can also use assets and income of prospective immigrant however based on somewhat different formula explained in USCIS Form I-968 Affidavit of Financial Support. Under your circumstances I would recommend consult with competent immigration attorney. The fact that you are older than your husband does not make any difference as long as you carefully document bona fide evidence of your relationship.

As long as he gets the affidavit of support, he should be okay. The issue is whether he will be a public charge, not you. If he has a job lined up, it will help.

It should be OK as you put it as long as the marriage is entered into in good faith. 29 and 21 are not that far apart, especially if you both look about the same age. I think you will be just fine. Good luck!

You will need a co-sponsor.

You can find a joint sponsor to file I-864. The fact you are on welfare should not be an issue as long as there is joint sponsor who meets the above 125% poverty line based on the number of dependents.

You will need an affidavit of support signed by a co-sponsor. Assuming your father and/or cousin earn sufficient income, you should be able to have your husband come to the United States.

You can use a joint sponsor to meet the financial requirements on an I-130. This person must be a USC or a green card holder. Remember that your husband will need to show he will not become a public charge: ie go on welfare, etc so he needs to be careful about that given that you are currently on welfare! Google the affidavit of support poverty guidelines. There will be a chart. Look at the 125% portion. Your father needs to add himself, any dependents as reported on his taxes and your husband to determine if he can be the joint sponsor.