Can my boyfriend sponsor me even though he does not have an income? 4 Answers as of March 03, 2011

Now I have lived in USA for J1 and I'm wondering if I get married with American boyfriend who hasn't had income for 4 years because he's sick and now he just got money from Social service 750$/month, I can get green card or not. His parents can be sponsor instead of him? Please help me because I know us citizen has to show income and taxes.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes he may petition for her and will need to file an Affidavit of support but if his income is insufficient he will also need a co-sponsor. Also you need to be sure that with your J-1 you are not subject to the two-year foreign residency requirement before you can change status even if married to a U.S. citizen.

I would be happy to consult with you on your case. I do charge for consultations but whatever is paid for the consultation would be a credit toward the fees for your case if you retain us for further work after the consult. The consultation can be scheduled as indicated below by contacting my secretary, Janet, by phone or by email.
Answer Applies to: California
Replied: 3/3/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No.
Answer Applies to: Tennessee
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Sorry for your ordeal. Yes you are facing challenge. Co-sponsor can help. If you need us to review the eligibility of your co-sponsor, please feel free to contact us. Good luck!
Answer Applies to: Florida
Replied: 2/21/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you marry you boyfriend he can petition you even if he is not working. While he will have to file an Affidavit of Support, his parents can be the co-sponsor, or possibly their income can be included with his Affidavit of Support if they reside together.

Since you have J1 status you will have to make sure that you are not subject to the 2 year foreign residency requirement. If you are, you will have to determine if you are eligible for a waiver of that requirement.
Answer Applies to: California
Replied: 2/21/2011
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