Can an Unemployed US Citizen File For a Spousal Visa?
Filing for a Marriage-Based Green Card
If you are a U.S. citizen and your spouse is not, you can apply for a marriage-based green card in order to sponsor them for permanent residency. Sponsoring a spouse for residency requires proof of citizenship and marriage on the part of the sponsoring party. Another requirement for sponsoring a spouse for residency is financial responsibility. If you are unemployed or suffering financial hardship, there are guidelines you need to follow as a part of the process. Contacting an immigration attorney can help you make sure you fulfill all of the requirements for your application.
Affidavit of Support
An Affidavit of Support, also known as U.S. immigration form I-864, is a contract you sign to accept financial responsibility for a family member, or beneficiary, who is applying for a green card. The Affidavit of Support is an agreement between the U.S. Government and the financial sponsor stating that the sponsor is responsible for repaying certain public benefits after the green card is issued. In general, the document is valid until one of the following occurs:
One of the spouses dies
The beneficiary becomes a U.S. citizen
The beneficiary has worked 40 quarters in the United States
The beneficiary permanently moves out of the U.S.
Qualifying to Be a Financial Sponsor
In order to help your spouse obtain a green card, you need to qualify to be a financial sponsor. To do this, in general, you must meet the following requirements:
You must be a U.S. citizen or permanent resident, be 18 years of age, and reside in the U.S.
Your annual income must be 125% of the Federal Poverty Guideline level
If your income is below that level, you may be able to use your assets or those of the beneficiary, such as cash, stocks, bonds, and property, to meet the financial requirements
If you do not meet the minimum requirements alone, other adult members of your household can contribute their income and/or assets as long as they are willing to help support the family member seeking the green card.
A CoSponsor
If a situation arises where the spouse alone does not meet the income requirements to sponsor a beneficiary for a green card, they can consider getting a cosponsor. The obligations of a cosponsor are the same as the primary financial sponsor. They can be held responsible for reimbursing the government for use of public benefits as well.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.