What can I do if I want to petition someone but am unemployed? 7 Answers as of January 20, 2011

I keep getting denied social security, but am unable to work meaningfully physical or mentally required jobs. My girlfriend is from another country and wants to marry me. I know I cannot legally file a paper saying I am employed. And not too many of the people I know have an income that the government is looking for. What can I do?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Unfortunately it is a requirement that you show your girl friend will not be a public charge so if you are unemployed you will need to sign the Affidavit but also find someone to co-sponsor.
Answer Applies to: California
Replied: 1/20/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You do not need to be employed to file an I-130 petition for your wife (once you marry). However, you will have to file an Affidavit of Support (Form I-864) as part of the process and if you are not employed and do not have sufficient assets, you will need to have a co-sponsor file a second I-864. To determine how much you need to make and who can qualify as a co-sponsor go USCIS.gov, click on FORMS and look at the instructions for Form I-864, and Form I-864P.
Answer Applies to: California
Replied: 1/20/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
You must be able to file an affidavit in support of your petition attesting to your ability to support your girlfriend at a level of at least 125% above the Federal Poverty Guidelines for a family of your size(whatever that may be). Otherwise, it's a no go for your I-130 in behalf of your girlfriend.
Answer Applies to: Virginia
Replied: 1/20/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
The only thing you can do is keep trying to find a co sponsor.
Answer Applies to: Florida
Replied: 1/20/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
You must be able to comply with the requirements stated in the Affidavit of Support, form I-864.. The minimum requirement to sponsor someone for an immigrant visa is based on the poverty guidelines placed into effect by the U.S. Government. If you cannot meet the minimum requirements you may obtain a co-sponsor who is a legal permanent resident in the U.S. Or a U.S. Citizen. They must be able to show the minimum earnings in order to sponsor an individual for their immigrant visa.
Answer Applies to: Texas
Replied: 1/19/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    You are in a difficult position.

    It is a legal requirement that you prove that you have the means to support your fiancee, so that she will not become a public charge.

    You can prove this by giving evidence of your income, or evidence of assets at three times the required yearly income, or by asking someone to be her financial sponsor. Perhaps someone at your church will do this for you.

    If you can do none of these, you may have to give up on the idea of petitioning for a foreign fiancee.
    Answer Applies to: Washington
    Replied: 1/19/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If you can't have a co-sponsor, your petition will be denied. You should wait until you are eligible to sponsor or find a co-sponsor who can.
    Answer Applies to: Florida
    Replied: 1/19/2011
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