How do we get an affadavit of support if my husband does not have a job? 13 Answers as of June 26, 2013

I am a US citizen and right now in my origin country and met the guy and his family. They all are so nice and I have found the right man. I know if I file the Fiance visa for him and his 17 year old boy, I have to give the affidavit of support and if I don't make enough, I have to find a sponsor. In case if I get married, who will provide affidavit of support? He is jobless these days, but an educated man and looking for a job. Would it effect on the visa petition (fiance or immigration both) being jobless and having not enough money on his bank account? In his interview, could they ask about his job and source of income and assets or savings? How does his financial situation effect his visa process in both petitions options?

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Fong & Associates
Fong & Associates | William D. Fong
You cannot use his income to qualify for the affidavit of support, as he has none in the US. You will need a joint sponsor.
Answer Applies to: Texas
Replied: 12/1/2011
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
As long as you have a sponsor whose income is sufficient to sign the affidavit of support on behalf of your fiancee and then husband and his son, then there will be no negative impact on their ability to get a visa to the US or a green card once they are in the US.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
Get a co-sponsor who is strong enough to qualify. Your lawyer can help.
Answer Applies to: Texas
Replied: 11/29/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Both the immigrant visa petition and fianc visa petition require an affidavit of support. If your income is not sufficient, you would need a co-sponsor, who is either a United States citizen or lawful permanent resident, to sponsor your intended spouse and stepson. Under the circumstances, you should strongly consider marrying and petitioning over the fianc visa process due to the age of the son. Once he turns 18, he would no longer be considered your stepson and would have to wait for his father to receive a green card and petition for him.
Answer Applies to: New York
Replied: 11/28/2011
Avrin & Regolsky | Estelle Regolsky
Your future husband does not need to have a job or assets of his own. You, the petitioner, are the one who has to do the affidavit of support regardless of how much money you make. If you go the fiance visa route, you will have to do 2 types of affidavits of support: the I-134 when he applies for the K-1 fiance visa, and the I-864, after he comes to the U.S. when he applies for adjustment of status (green card). Not knowing more about your case, my sense is that you might be better off marrying him and going the immigrant visa route because then you would just be doing the I-864 and, because your income is not sufficient, you could get someone to be a joint sponsor. There is more control with the I-864 done in this country with the National Visa Center in N.H. I don't know which country you are in but some of the U.S. Consulates are difficult to deal with and at the K-1 stage it seems to me it is better not to have to dotwo I-134s. If you marry your fiance inhis country, be sure to getthe official certified civil marriage certificate. Then you will come back and file an I-130 petition for him with CIS (Immigration). After the I-130 is approved, it will go to the NVC (State Department).You will have to do a separate I-130 for his son but you have to get married before he turns 18. If that seems like too much initialexpense to you, of course you can try for the K-1 visa; his son would be a K-2 and could be included even if he is over 18 (but only until he is 20). But remember that once they both entered the U.S., they would have to do separate adjustment of status applications, so that is an additional large expense later on, whereas if they both enter with immigrant visas, they're done the green cards come in the mail a few weeks later.
Answer Applies to: Massachusetts
Replied: 11/23/2011
    Law Offices of Alan R. Diamante, APLC
    Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
    You can always get someone else to also sign an affidavit of support. He can be petitioned even though he does not have a job as long as he is not a possible public charge.
    Answer Applies to: California
    Replied: 11/21/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    You will need to find a co-sponsor to sign an Affidavit of Support to get them here. You will sign as well but if your income is insufficient then a co-sponsor will be required.
    Answer Applies to: California
    Replied: 11/21/2011
    Law Office of Lawrence Gruner, Inc. | Lawrence Gruner, Esq
    It is necessary for you to obtain a joint sponsor to complete an affidavit of support for your fiance and his child. The joint sponsor must be a US Citizen, lawful permanent resident or national. The income requirement for the joint sponsor depends on if the sponsor is married and the number of dependents on their taxes.
    Answer Applies to: California
    Replied: 11/19/2011
    The Law Office of Khoa D Bui
    The Law Office of Khoa D Bui | Khoa D Bui
    Congratulation on finding your right man. As a petitioner / sponsor, you will have to show enough resource to sponsor your beneficiary. If you don't have enough resources, a co-sponsor will be necessary. His unemployment situation should not bear influence on his eligibility.
    Answer Applies to: California
    Replied: 11/18/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    If you are bringing him into the US as your spouse, then at the appropriate time, any family or friend of yours with funds or means of support can provide you with an I-864 affidavit if they are willing. So, work on that and you should be OK. Otherwise, you will have to count on your own funds.
    Answer Applies to: California
    Replied: 11/18/2011
    All American Immigration
    All American Immigration | Tom Youngjohn
    For for you to petition on a K-1, on a fiance(e), you need a special kind of joint sponsor. You need a close relative of yours, your parent or sibling, or your own adult child, for example. If you marry him and instead of an I-129F you file an I-130 for him, then you can use any qualifying joint sponsor.
    Answer Applies to: Washington
    Replied: 11/18/2011
    Kanu & Associates, P. C. | Solomon O. Kanu
    His finances have no effect.
    Answer Applies to: Arizona
    Replied: 6/26/2013
    Immigration Attorneys, LLP | Robert R. Gard
    As petitioner, you are required to provide an I-864 Affidavit of Support (I-134 Affidavit is required if using fianc visa provisions), and if you do not make sufficient (or any) income, you will certainly need a co-sponsor with sufficient income to support the family unit at a level of at least 125% of federal poverty guidelines. Since his son is now 17, you must marry to create the step-parent/step-child relationship before the boy reaches 18 years of age in order for him to be considered your step-child for immigration purposes. Your husband's lack of a job or income in the U.S. at this point shouldn't matter.
    Answer Applies to: Illinois
    Replied: 11/18/2011
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