Will my husband be able to file for citizenship and sponcer me without job? 13 Answers as of June 28, 2012

I moved to the us with my parents with a vacation visa and overstayed for about 13 yrs. I've now been married to my husband for four years now and we have two beautiful twin boys! My husband is currently unemployed and recieved unemployment benefit. I do not work. My husband is a permanant resident. Will he still be able to file for citizenship and/ sponcer me?

Thank you for you respond

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The short answer is yes, once he gets his citizenship he can petition for you. Once it is approved, you can adjust status, since you first entered legally and overstayed. You and he will need an attorney, however, please feel free to contact me by e-mail or phone, to set up an in-person or phone interview/consultation.
Answer Applies to: California
Replied: 6/28/2012
Law Office of Pho Ethan Tran PLLC
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
Being jobless will not prevent your husband from qualifying for citizenship. However, you may need a joint sponsor to help you meet the minimum financial requirements when you apply for your residency.
Answer Applies to: Texas
Replied: 6/6/2012
Law Office of Bijal Jani | Bijal Jani
Having gainful employment is a requisite for filing for naturalization as well as sponsoring another individual. It is suggested that petitions be filed once your husband has gainful employment.
Answer Applies to: New York
Replied: 5/29/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
He can file for citizenship, but you need a joint sponsor for residency.
Answer Applies to: California
Replied: 5/29/2012
Norm R Perry. Attorney at Law | Norm R Perry
Your husband can file for you but should wait until he has obtained his citizenship. Your being out of status does complicate matters but usually, if he is a citizen, Immigration will allow you to proceed. With no income or insufficient income, it will be required that your husband obtain an Affidavit of Support from someone who has sufficient income. There is one exception and that is if your husband has sufficient assets as to allow him to satisfy the income requirement based on their value.. This is usually hard to qualify for. Good luck.
Answer Applies to: Michigan
Replied: 5/29/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your husband can still petition for you to receive permanent residence. However, he may need a co-sponsor for the affidavit of support. All family-based immigrants (with limited exceptions) require an affidavit of support. Your husband may not be able to meet the requirements, because he receives unemployment benefits. You can have a co-sponsor, which is a permanent resident or U.S. citizen family member or friend who meets the requirements.
    Answer Applies to: New York
    Replied: 5/29/2012
    Immigration Attorneys, LLP | Robert R. Gard
    There is no income or job requirement for naturalization, but after your husband is naturalized, it appears from the facts provided that he can file an I-130 petition on your behalf (together with your I-485 application for permanent resident status), but he will likely need to file an I-864 Affidavit of Support on your behalf. If his income at that point is insufficient to meet the requirements for I-864 "sponsorship", he may have to either use asset valuation to qualify or secure another financially sound individual (your parents?) to co-sponsor and file another I-864 on your behalf. While such a long term relationship may qualify for an I-864 waiver, you probably don't have work authorization, and even if he does have 40 quarters of qualifying employment, you haven't been married that long, and may not qualify for that employment to qualify for an I-864 waiver.
    Answer Applies to: Illinois
    Replied: 5/29/2012
    Law Office of Catherine Brown LLC
    Law Office of Catherine Brown LLC | Catherine Brown
    He can still sponsor you but your application requires a joint sponsor to substitute for your husband - that person must complete an I864 and meet all the requirements. You may want to seek an immigration attorney to assist you with questions on this process.
    Answer Applies to: Colorado
    Replied: 5/29/2012
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    He can file for US citizenship, if he is otherwise qualified; the fact that he is unemployed will not be a factor in that process. To petition for you, however, he will either need to show an income sufficient to sponsor you for affidavit of support purposes or have a joint sponsor (friend, relative, co-worker, neighbor-ANYONE who is a US citizen OR green card holder) whose income is sufficient and who will be willing to sign the affidavit of support on your behalf.
    Answer Applies to: California
    Replied: 5/29/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    Yes he will but he will need to find another joint-sponsor to submit a Form I-864 in addition to his own. The petitioning sponsor must always file the I-864 no matter their financial condition.
    Answer Applies to: California
    Replied: 5/29/2012
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your husband should apply for U.S. citizenship before you seek to legalize your stay through your marriage. He does not have to be employed to become a U.S. citizen but his income is relevant for your case. You should consult with an immigration attorney for an assessment of your situation.
    Answer Applies to: California
    Replied: 5/29/2012
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    Under the circumstances that you have described, your husband will need to naturalize (be sworn in as a citizen) before he will be able to sponsor you due to your prior period of overstay. If he is still unemployed by the time that he becomes a citizen, he will likely need to find a "joint sponsor" (this can be anyone who meets the stated financial requirements) to file an affidavit of support along with your application for residency.
    Answer Applies to: Massachusetts
    Replied: 5/29/2012
    Law Office of Eric Fisher | Eric Fisher
    Your LPR husband can file for naturalization even if he is unemployed. If he files a petition for you, he will need to have income or a co-sponsor.
    Answer Applies to: Colorado
    Replied: 5/29/2012
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney