Can I petition for my husband to get his green card? 11 Answers as of August 24, 2011

You will need to show that he will not be a public charge and that your income exceeds 125% of the Poverty Guidelines. Getting food stamps by itself is not determinative. If your income is not sufficient you still submit the I-864 as his petitioner but will also need a co-sponsor and supporting documents or both of you.

I am not sure how you are getting food stamp if you are married to a non-citizen. To apply for your husband, you will have to sign an affidavit of support and if you do not have enough income, someone else should be the co-sponsor. A non-citizen may not apply for welfare unless he or she has worked at least 40 qualifying quarters and paid social security tax.

You may Petition for your husband and such petition may be approved without a glitch. Whether he can enter the US or Adjust his status if he is already here, on the basis of your Petition, is another matter. You will have to sign an Affidavit of Support showing a qualifying income. The mere fact that you are receiving food stamps does not disqualify you to become a sponsor. However, because food stamps is a means-tested public benefit, it may not be included as part of your income for the purpose of meeting the income requirement. In your case, you don't have to stop receiving food stamps as it does not have any bearing on your ability to execute an affidavit of support, whether or not you continue to receive that benefit. The key is qualifying as a sponsor on the basis of your income independent of the value of the food stamps you are receiving. If your income does not qualify, you may include any assets you or your intending immigrant spouse may own, in your affidavit of support. If after doing so, you still don't qualify, then, you may need the help of a joint sponsor.

Assuming that your husband entered the US with inspection, (or before the end of 2000 and someone filed a visa for him before April 30, 2001, or for his parent if he was a minor), all you need is a Joint Sponsor who makes enough money. It's always smart to get a second opinion.

Its not the food stamps, but the underlying issue of not being able to meet the income requirements for the I-864 affidavit of support. Find a joint sponsor.

The fact that your receive food stamps does not necessarily impact your petitioning for your husband. Your eligibility for food stamps is determined by other agencies. However, if you qualify for food stamps, you may not have sufficient income for the affidavit of support. You are required to file an affidavit of support for your husband, which essentially means you agree to support him financially so he does not become a public burden. If your income is not sufficient, you can have a friend or family member with sufficient income be a co-sponsor.

You can still file a petition for him even though you are receiving food stamps.

No it shouldn't.

You as a U.S. citizen can claim food stamps, but you will need a joint sponsor to prove income.

You can petition your husband but he will need a co-sponsor who has sufficient income and signs an additional affidavit of support for his adjustment application.