Should I wait until I get a job before bringing my spouse to the US? 12 Answers as of October 16, 2013

Good Morning Dear Attorney. I am a US Citizen. I married my spouse overseas this year. I am filing the petition I-130 to bring her to the states. I meet all of the requirements. But, I am unemployed. I am not asked to submit any Affidavits yet. If so, when should I do so? Please advise if it's OK to apply now or wait until I get a job.

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Law Offices of N.J. SAEH PC | Noel J. Saleh
You will be required to file an Affidavit of Support whether you are working or not. As it is likely that you will not meet the minimum income requirements even if you are working, you should be looking for someone to file an I-864 Co-Sponsor.
Answer Applies to: Michigan
Replied: 10/16/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
One of the requirements is that you prove that your wife will not become a public charge in the U.S. It means that you have to show that you earn enough money to support yourself and your wife (for this year, if you don't have children or other dependents, the minimum amount you have to earn is $19387 a year; from January 1, 2014, it will be about $500 more). If you do not work, someone else who is a U.S. citizen or permanent resident and earns enough to support himself, his family, and your wife. If you file the petition but will not be able to provide affidavits of support when requested, you will lose the case, the filing fee, and time. Either get a job, or find a co-sponsor for your wife then file the petition.
Answer Applies to: New York
Replied: 10/15/2013
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
Once the I-130 is approved it will be sent to the NVC for further processing. The NVC is going to ask you to submit a financial affidavit. If you do not meet the requirements to sponsor your spouse you will need a co or joint sponsor to file with you as sponsor.
Answer Applies to: Florida
Replied: 10/15/2013
Law Offices of Peter De Bruyn
Law Offices of Peter De Bruyn | Peter De Bruyn
In order to successfully petition your wife, somebody is going to have to file an affidavit of support that shows that they make the appropriate income to support her if she cannot support herself.
Answer Applies to: California
Replied: 10/15/2013
Lana Kurilova Rich PLLC
Lana Kurilova Rich PLLC | Lana Kurilova Rich
You can apply now, but when they do request an affidavit of support, they will also advise you in writing that you have one year to respond, and if you do not, they will consider your petition abandoned. Of course, you do not want to wait this long, so perhaps you have a family member or a friend who would be willing and able to become a joint sponsor. That person must be a US citizen or permanent resident and must have sufficient income to cover his/her family plus your wife.
Answer Applies to: Washington
Replied: 10/15/2013
    The Law Offices of Mary Lyn T. Sanga, A Professional Corporation | Mary Lyn Tanawan Sanga
    Yes, it is not a problem if you are currently unemployed, as long as you can find a US citizen or lawful permanent resident who can co-sponsor your relative.
    Answer Applies to: California
    Replied: 10/15/2013
    Preston & Brar, LLC | Jesse Brar
    You should go ahead and file the petition. Once your petition is approved the USCIS will forward the approval to the National Visa Center (NVC). The NVC will then ask you to pay the fees and after that you will be required to submit your "affidavit of support". At that point you will need to provide the proof that you meet the income requirements for the affidavit of support. The USCIS will take about six months to approve the petition, so you have about that long before you have to submit documents showing that you meet the income requirements.
    Answer Applies to: Utah
    Replied: 10/15/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    Find a joint sponsor.
    Answer Applies to: New York
    Replied: 10/15/2013
    Law Offices of Linda Rose Fessler | Linda Fessler
    If you have not already applied, I would wait until I have a job.
    Answer Applies to: California
    Replied: 10/15/2013
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    You can submit the I-130 at this time already because it first needs to be adjudicated and that takes about 5-6 months. Only then, once it is approved, it will be forwarded for the consular processing stage and it is at that stage that you will need to provide evidence of employment and affidavit of support so hopefully by that time you will have all that and, if not, you will be able to secure a joint sponsor to sign the affidavit of support on behalf of your spouse.
    Answer Applies to: California
    Replied: 10/15/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You will be required to submit an affidavit after the petition has been approved and the visa application has been filed with the NVC. This is approximately 8-12 months in the future. Whether you should file the petition now can only be determined by more information such as do you have sufficient assets to meet the requirements, do you have a co-sponsor, do you have any job prospects, etc.
    Answer Applies to: New York
    Replied: 10/15/2013
    Law Office of Eric Fisher | Eric Fisher
    You will need an income of at least 125% of the government poverty guidelines or a co-sponsor.
    Answer Applies to: Colorado
    Replied: 10/15/2013
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