Can I file a petition for my husband if he is the sole provider of our household? 2 Answers as of March 23, 2011

Can 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.

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Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If your husband is in legal status in the US and you have been living together for more than six months then you can use his income to meet the requirements.
Answer Applies to: California
Replied: 3/23/2011
Nicastro Piscopo, APLC
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
Replied: 3/23/2011
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