Can I file a petition for my husband if he is the sole provider of our household? 2 Answers as of March 23, 2011Can I file a petition for my husband if he is the sole provider of our household? I am unemployed and attend college. He is the bread winner in our family of 3 (my husband, our son and myself) and he makes well over the poverty guidelines.
Nicastro Piscopo, APLC | Louis M. Piscopo
You can petition your husband, which is the first step in his getting his Green Card. However, when it comes time to file for his Green Card (the second step), either through adjustment of status or visa processing, you will have to file an affidavit of support. Your husband's income cannot only be considered in the affidavit of support if he was authorized to work in the U.S. Otherwise, you will have to provide a co-sponsor for the affidavit of support.
Answer Applies to: California