Can I sponsor my spouse who is working (sufficient income) without a co-sponsor or affidavit of support? 16 Answers as of August 02, 2013

I am a full time student and have no source of income.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, but your wife would have to fill out I-864A as the household member/intending immigrant.
Answer Applies to: California
Replied: 8/2/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
As the petitioner, you must file an affidavit of support even if you have no income. If your husband is legal in the U.S. and has work authorization, his income can be shown on your Form I-864. If he is not legal, or if his status does not allow him to accept employment in the U.S., you have to find a co-sponsor.
Answer Applies to: New York
Replied: 8/2/2013
Law Offices of N.J. SAEH PC | Noel J. Saleh
Are you filing Joint Federal Tax Returns? If so, you can qualify through her income.
Answer Applies to: Michigan
Replied: 8/2/2013
The Islas Muñoz Law Firm, PLLC
The Islas Muñoz Law Firm, PLLC | Pamela Genghiní Muñoz
I would first ask whether your spouse is working lawfully with work authorization from the government, because that can become a complication all by itself. But even i )f he or she is, the requirement is that the petitioner ( you)make enough income to support everyone in the house because the government doesn't want to give residency to people who may later require public assistance, and the way to ensure that in their minds is to have a petitioner who makes enough money and can support the person if they can't support themselves later. So, you will most likely need a co-sponsor who earns enough income to support everyone in both households.
Answer Applies to: Texas
Replied: 8/2/2013
Preston & Brar, LLC | Jesse Brar
If your wife is working legally, then you can include her income in the affidavit of support. However, you still must file an affidavit of support (even if you do not meet the income requirements).
Answer Applies to: Utah
Replied: 8/2/2013
    Coane and Associates
    Coane and Associates | Bruce Coane
    A USA citizen can sponsor their spouse on an I-130 visa petition whether they have sufficient income or not. It's only when the foreign national seeks a visa or adjustment of status that he must prove he will not become a public charge.
    Answer Applies to: Texas
    Replied: 8/2/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You may be able to use your spouses income. However, more information is needed.
    Answer Applies to: New York
    Replied: 8/2/2013
    Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
    The only way to include the income of a spouse is if that spouse is working here legally. If the person has a visa that allows him/her to work then the income can be counted. Otherwise the income from the spouse is not allowed to be counted for the affidavit of support. In cases where the petitioning spouse does not make enough, immigration allows the use of a co-sponsor. This co-sponsor must be a USC or an LPR but does not have to be family. It can be a friend or other person willing to sign the affidavit of support.
    Answer Applies to: Minnesota
    Replied: 8/2/2013
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You may use your husband's income if he has been authorized to work in the US or any other assets you have.
    Answer Applies to: California
    Replied: 8/2/2013
    Law Office of Bill Travis Klein
    Law Office of Bill Travis Klein | Bill T. Klein
    It depends on the source of income and her status. Consult with an Immigration Attorney who can walk you through the process and help with the legal paper work.
    Answer Applies to: California
    Replied: 8/2/2013
    LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
    If your spouse has employment authorization you may use that income to meet the requirements. You will both sign the affidavit of support, you as the primary sponsor and your spouse as the household member.
    Answer Applies to: California
    Replied: 8/2/2013
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    Yes if you have resided together for at least six months and your spouse's employment is work-authorized.
    Answer Applies to: California
    Replied: 8/2/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    Yes, your spouse's income can be part of your AOS.
    Answer Applies to: Michigan
    Replied: 8/2/2013
    Vladimir Parizher
    Vladimir Parizher | Vladimir Parizher
    Your spouse can claim sufficient income for the affidavit of support. However, he needs to show legitimate income and assets, and he must have current authorization to work, and future good prospects of sufficiency of his income.
    Answer Applies to: California
    Replied: 8/2/2013
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Only if you two have lived together after marriage for at least 6 months before filing.
    Answer Applies to: California
    Replied: 8/2/2013
    Ramos Immigration Law
    Ramos Immigration Law | Francesca Ramos
    The message you sent requires that you verify that you are a real live human being and not a spam source.
    Answer Applies to: Colorado
    Replied: 8/2/2013
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