I am a US citizen and cannot work, will this affect my immigration status? 9 Answers as of January 17, 2011

I am a US citizen and receive public assistance due to I cannot work because I care for my adult disabled child, will this affect my husbands I-130 to get his residency from immigration.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
No, it won't. The only issue is that probably you will need a sponsor on the affidavit of support.
Answer Applies to: Florida
Replied: 1/17/2011
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
No. A USC does not have to be working or have money in order to sponsor a spouse or relative for permanent residence. They do however, as the primary sponsor have to complete an affidavit of support, which is used to demonstrate that the sponsored alien will not need government assistance or support. If the primary sponsor cannot meet the financial support requirement on their own because they are retired, disabled, unemployed, on public assistance or just don't make enough money because their family and support requirements are too great, the alien can meet the support requirements by having a back up sponsor who is more capable financially of meeting the requirements. In some instances if there is a household member of the primary sponsor who makes enough money to meet the support requirements they can join in the affidavit of support and be jointly responsible. The sponsored alien's income can also be counted in some cases, if you have been living together for more than six months. This is a complicated area and the form is confusing so it is best to consult with a qualified immigration attorney who is a member of the American Immigration Lawyers' Associaton.
Answer Applies to: Massachusetts
Replied: 1/3/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
This will affect it. You will need to find a co sponsor when you file for his residency. Please see a lawyer when filing his application.
Answer Applies to: Texas
Replied: 12/31/2010
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Yes and no. The sponsoring petitioner has to file an affidavit of support and if you are not working, it will be difficult for you to show that your husband will not become a public charge. However, you have the option of getting a joint sponsor to cover what you cannot.
Answer Applies to: Virginia
Replied: 12/31/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You may get petition but if you fail to provide sufficient proof to prevent him from getting public charge, you may be denied at the last stage.
Answer Applies to: Florida
Replied: 12/31/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    You must be in a financial position to support your husband(if necessary) and sign an Affidavit of Support as part of your petition to sponsor your husband for lawful permanent residency in the United states. Whether you receive sufficient income from public assistance to satisfy the requirements of USCIS, I have no idea but you could call your district office and ask them.
    Answer Applies to: Virginia
    Replied: 12/30/2010
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    It will mean that you will need a co-sponsor for him to get his permanent residency as USCIS will be looking for evidence of income of at least $18,212 for a family of two (more if more people in the household).
    Answer Applies to: California
    Replied: 12/30/2010
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    If you cannot work and do not have sufficient assets to qualify as your husband's sponsor on the I-864, you may need a joint sponsor. However, your husband's income can also be counted under certain circumstances. You should contact an immigration lawyer to assist you with your case.
    Answer Applies to: Florida
    Replied: 12/30/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    It will not effect your citizenship status, but you will need a co-sponsor for the affidavit of support in your husband's case Also, if your husband received public assistance if could effect his ability to
    become a legal permanent resident.

    You should go to USCIS.gov and review the instructions to Form I-864 and also review Form I-864P to determine how much you and/or the co-sponsor will need to make to qualify for the Affidavit of Support.
    Answer Applies to: California
    Replied: 12/30/2010
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