Can I still sponsor my husband if I am unemployed? 14 Answers as of December 06, 2011
My now husband entered the US legally on a student visa. I am a US citizen. We recently married and want to apply for his permanent residency. He is from Haiti and therefore was able to obtain a legal work permit and has been working full time. I need to be listed as sponsor but I just moved to his state (having finished college) and am presently unemployed. As long as he makes above poverty line, are we okay? Do we need to include a letter with our paperwork stating this information? I'm afraid if I am listed as sponsor and show no income, they will think we have no money and that is not the case.Free Case Evaluation by a Local Lawyer!
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Law Offices of Svetlana Boukhny | Svetlana Boukhny
As long as his income is sufficient for affidavit of support purposes (check the most current federal poverty guidelines for your size household), you may not need to get a joint sponsor to sign the affidavit of support on his behalf. However, you will need to both sign an additional form, which is the I-864A.
Answer Applies to: California
Replied: 12/6/2011
Touchstone Law Firm, LLC | Dmitry David Balannik
Yes. However, you are going to need someone who will agree to become a sponsor.
Answer Applies to: District of Columbia
Replied: 12/6/2011
Law Offices of Grinberg and Segal | Alexander Segal
You must file the affidavit of support as his sponsor. You can submit your most recent income tax returns as well as proof of his employment (i.e. letter of employment and pay stubs). However, if you income is insufficient, which it will be, you will need to find a co-sponsor. This can be a family member of friend who makes sufficient income to support your husband. This does not mean the person must support your husband, but just can if need be. This person must be a U.S. citizen or lawful permanent resident.
Answer Applies to: New York
Replied: 12/5/2011
Pacifica Legal Services | Floyd Fernandez
To petition and sponsor him, you will be expected to complete an I-864 Affidavit of Support form, in it you will include statements on income for the previous 3 years, and include IRS tax returns. You can include your husband's income.
Answer Applies to: California
Replied: 12/5/2011
Law Offices of Peter Y. Qiu | Peter Y. Qiu
You need to consult a lawyer with all relevant financial information before a decision can be made. Generally speaking, an unemployed person may have an eligibility issue to sign an I-864.
Answer Applies to: Illinois
Replied: 12/5/2011
Hilf & Hilf PLC | Sufen Hilf
His income can be used as long as he is authorized to work. So, your income and his can combined to meet 125% poverty line.
Answer Applies to: Michigan
Replied: 12/5/2011
Christian Schmidt, Attorney at Law | Christian Schmidt
He must file his adjustment application with an affidavit of support, form I-864, but you can include his income by filing I-864A signed by him if he worked legally in the U.S.
Answer Applies to: California
Replied: 12/5/2011
Immigration Attorneys, LLP | Robert R. Gard
Yes, you can (and must) still file an I-864 Affidavit of Support on his behalf, but you may need a co-sponsor (with sufficient income) who would also file an I-864, or there may be a factual situation that would permit your husband's lawful and authorized employment/income to be combined with your income as a co-signed, or executing an I-864A with you (though I don't really think that is required, even if USCIS often asks for the I-864A.
Answer Applies to: Illinois
Replied: 12/5/2011
Kanu & Associates, P. C. | Solomon O. Kanu
You should have a joint tax return as married filing a joint return. That way the income is for both of you. You must be a sponsor and file form I-864. If your income is not enough you can get a joint sponsor to help and that could be a friend or family member. So either way he should be okay.
Answer Applies to: Arizona
Replied: 12/5/2011
Feldman Feldman & Associates, PC | Lynne Feldman
If he is working legally and you have been together for at least six months, his income can count; otherwise you will need a co-sponsor. In any case you will need to sign an Affidavit of Support even if you earn no income.
Answer Applies to: California
Replied: 12/5/2011
Law Offices of Kiran Nair | Kiran K. Nair
You will need other US citizen or Legal resident willing to sponsor or show that he/she will support in time of need. Good luck.
Answer Applies to: California
Replied: 12/5/2011
Avrin & Regolsky | Estelle Regolsky
Because your husband is working legally, his income can be counted as part of the household income on the I-864 affidavit of support that you are obligated to do for him. There is no need for him to do an I-864A because he is the intending immigrant. If his income is sufficient to support all household members at 125% of the poverty guidelines as listed on form I-864P, there should be no problem.Note that the petitioner must always doan affidavit of support for the beneficiary even if the petitioner has no income. A joint sponsor can be used if necessary butfrom what you have indicated, one willprobably not be needed in your case.
Answer Applies to: Massachusetts
Replied: 12/5/2011
Mathew Cameron Attorney at Law | Mathew Cameron
It is possible for you to sponsor your husband, but you will need to find a joint sponsor (simply someone with sufficient incomeit doesn't have to be someone who is related to you), so this may be a little more complicated than the usual marriage petition process. I would strongly recommend that you consult with an attorney.
Answer Applies to: Massachusetts
Replied: 12/5/2011
Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
As long as your husband has valid work authorization, his income can be considered in determining if you meet the threshold requirements. He will have to provide proof of his income including tax returns, pay stubs, W-2 and a letter from his employer.
Answer Applies to: Texas
Replied: 12/5/2011
