Will unemployment benefits affect my wife's petition? 14 Answers as of January 26, 2012

Sorry to hear that you lost your job. As you probably know, you are in good company. I wish you success in finding another job. A U.S. citizen's application for unemployment insurance benefits will not stand in his way of petitioning for a spouse to gain immigration status, although if the U.S. citizen no longer has a sufficient income to support himself, his wife and any other dependents at 125% of the published poverty guidelines, it will become necessary to have a "joint sponsor." The joint sponsor need not be a relative of the couple, but instead may be most any U.S. citizen or Permanent Resident with sufficient income who is willing to assume the responsibilities associated with being a joint sponsor. Since you have limited understanding of the "consular processing" and related steps that will be needed for your wife to come to the U.S. and remain here as a Permanent Resident (to get a "Green Card"), it would be wise to engage an immigration attorney for legal representation.

No, but if you are not working you may not qualify for the I-864 affidavit of support.

It will not affect the I-130 petition but you still have to be an eligible sponsor for her consular process. If you are not earning enough for the affidavit of support, you can get a co-sponsor.

It could impact the case if you are unable to fulfill the affidavit of support requirements. However, without current employment this will likely be an issue unless you have sufficient assets. You may need to have a co-sponsor sign an affidavit of support to ensure your wife does not become a public charge.

Your unemployment benefits will not be a barrier to your I-130 petition for your wife as long as you will be able to show financial ability to support her upon her immigrant visa interview. This financial ability to support can be shown by you as the petitioner or if for some reason you are not able to show it, then you may always seek the help of a co-sponsor who may have the financial ability to support at the time as long as that person is a US Citizen or a legal permanent resident.

It could affect it and show that she is a public charge. This would make her inadmissible. It would depend if the benefits are State or Federally given.

No. Unemployment is not a ground for losing your priority date on the waiting list.

Your income if irrelevant for your I-130 petition. You need to demonstrate sufficient income when your wife applies for her immigrant visa upon I-130 approval but can always submit additional I-864 from co-sponsor if you do not meet the income requirements.

It won't as long as you can find someone to sponsor her.

You will need to find a co-sponsor, otherwise your I-130 Petition will not be affected.