Can my friend sponsor her husband? 10 Answers as of January 10, 2011

A friend of mine is married to someone from El Salvador. She is disabled and she needs to know if she would be able to sponsor her husband. Also would the fact that she is disabled help her husbands case?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your friend first must be a U.S. citizen. She can use her husband's income or that of other qualified individuals to qualify her household as sufficiently supportive of the Salvadoran husband. I can be of help, and if your friend and her husband want to discuss how, tell them to call or e-mail to set up an in-person or phone consultation. Best to you.
Answer Applies to: California
Replied: 1/10/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
She will need to show that her husband is not going to become a public charge for the United States. If she does not earn the necessary income she can get a co-sponsor to file an affidavit of support on behalf of her husband.
Answer Applies to: Florida
Replied: 1/8/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Anyone who is a U.S. citizen or permanent resident may sponsor their spouse. She will need to show he will not become a public charge so if her income is not sufficient she would need to have a co-sponsor. We would also need to look at whether he entered legally or without documentation to determine if the final stage process can be handled here or he must go overseas and apply for a waiver. If a waiver is required her disability would be a favorable factor. I would be happy to assess the whole case but will need more information so contact me at the address below.
Answer Applies to: California
Replied: 12/28/2010
The Vega Law Firm
The Vega Law Firm | Linda Vega
Yes she would. Please consider calling our office for assistance.
Answer Applies to: Texas
Replied: 12/28/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes your friend can sponsor her husband. Her disability may be helpful.
Answer Applies to: Tennessee
Replied: 12/28/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    Your friend's disability has no direct impact on her husband's immigration case. It might just affect her inability to qualify as her husband sponsor on form I-864 if she does not meet the income or assets requirements. In that case, they would need a joint sponsor. In any case, since there are certainly other important aspects affecting her case, she is best advised to consult with an immigration law
    Answer Applies to: Florida
    Replied: 12/28/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, being disabled should neither help nor hinder her husband's case. Much more important will be her ability to demonstrate to the USCIS that she has a credible means of supporting him, if necessary, i.e., which normally means an income of approximately 125% above the poverty line for a family of four
    Answer Applies to: Virginia
    Replied: 12/27/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Is your friend a citizen or LPR? either way she can sponsor her. The fact she is disabled will help with her husband's case if he is in deportation. However, the bottom line is that they have to prove the
    bona fide of the relationship. Good luck!
    Answer Applies to: Florida
    Replied: 12/27/2010
    Fletcher, Tilton & Whipple, PC
    Fletcher, Tilton & Whipple, PC | Kirk A. Carter
    A disabled person is equally entitled to sponsor their foreign born spouse for permanent residence, a/k/a a green card. Such marriages typically present two issues: the first relates to the requirement that the US citizen spouse demonstrate their ability to support their foreign spouse at a certain financial level. Often disabled individuals are on SSDI or other public benefits and do not meet financial support guidelines. This can easily be remedied by finding a back up sponsor, someone who will be jointly responsible for the financial support of their spouse and will sign certain additional documentation filed with USCIS.

    The second issue relates to the issue of marital bona fides, i.e. does USCIS believe that the marriage is real and legitimate. Unfortunately, USCIS is sometimes skeptical when an abled person marries a disabled person, particularly if there are other suspect factors that raise concerns such as differences in age, race, religion, education, socio-economic background, etc. The more different the couple appear from one another the more difficult the task often is in convincing USCIS that the marriage is real and for the right reasons, i.e. not just to get a green card. Unfortunately, some folks at USCIS can be very jaded and skeptical, but that doesn't mean that two loving individuals cannot succeed in overcoming USCIS's preconceptions and prejudices. The key is to document the relationship through photos, through joint assets, accounts, and by knowing as much as possible about one another so that the interview goes smoothly.
    Answer Applies to: Massachusetts
    Replied: 12/27/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    If she is an American Citizen or a green card holder, she can file a family petition for her husband. It doesn't matter that she is disabled. However, when she does the second part of the paperwork (Consular processing), she might need to do an affidavit of support. If her income is not sufficient, she might need a co-sponsor.
    Answer Applies to: California
    Replied: 12/27/2010
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