Can I petition my fiance if I am unemployed? 4 Answers as of January 26, 2011

Can I petition my fiance if I'm unemployed? I am a U.S. citizen and planning to petition my fiance. However, I am currently unemployed because I am attending college but I do have sufficient money that I have saved when I used to work. I am above the age of 21. Can I use a co-sponsor to petition my fiance? Or is it required that I must be employed and have income?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You are not required to be employed to petition for your fiance but you must show she will not be a public charge when she comes here. The standard is 125% of the Poverty Guidelines for your family size (2 people about $18,500). If your most recent tax return does not this amount of income you can still qualify as the sole sponsor if your liquid assets are equal to 3 times any shortfall. Or you may get a co-sponsor who is a U.S. citizen or permanent resident figure out their family size and add one for your fiance.
Answer Applies to: California
Replied: 1/26/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes you can petition your fiance if you are unemployed. Assuming your fiance is not in the U.S. you will have to file an Affidavit of Support (Form I-134) as part of the K-1 visa petition process. If you are not working you can also have a co-sponsor file one as well. Once your fiance arrives and you get married then he must file for adjustment of status. Then you must file another Affidavit of Support (Form I-864) and if you are not employed, have co-sponsor (either the same as the first one or different) provide another Form I-864.

To determine how much you or the co-sponsor have to earn to qualify to be a co-sponsor, and the other requirements for a co-sponsor go to, click on FORMS, and look at Form I-864P and the Instructions for Form I-864.
Answer Applies to: California
Replied: 1/20/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
You can use a co sponsor, or depending on how much money you have saved you may not need one.
Answer Applies to: Florida
Replied: 1/20/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
You can use a co sponsor to petition for your fianc, but you will probably need to document your unemployment with a copy of your school registration and statement on your part indicating why you are not working.
Answer Applies to: Virginia
Replied: 1/19/2011
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