Can I apply for a green card for my husband if I'm unemployed and pregnant?

Asked over 4 years ago - Austin, TX

I plan to go to college this semester and I need my husband to be working because I'm pregnant

Attorney answers (2)

  1. Thomas Esparza Jr.

    Pro

    Contributor Level 19

    Answered . Of course you can. Much later in the process you have to show your ability to support him. He should go to the Community Tax Center at the Corner of Stasney Lane and Westgate to file tax returns for free. they are sponsored by the city of austin and travis county. they will get him a tax payer identification. visit my web site tomesparza.com and look for the link to lationocollegedollars a listing of thousands of scholarships and grants available for hispanics. i am here in austin and can help if you want. tom esparza 441-0062

  2. Wolf W Kaufmann

    Contributor Level 15

    Answered . One of the requirements for an alien to obtain a green card is to show that it is not likely for him or her to become a public charge (meaning that the government will end up paying for him). One way to prove this is to prove that the petitioner promises to pay any costs that might be incurred.

    The government requires the petitioner (for example the spouse) to make this promise, called "affidavit of support." As a second hurdle, the government says that such a promise can only be made if the affidavant has enough income or assets that he or she really can afford this.

    And here we come to your problem: if you do not show enough income to support your family, your husband's application will be denied. If you are in college and don't work, you will not have income.

    The minimum income you must show depends on where you live and how many people you will have to support (including yourself, your children and the alien and anyone else who you have to support).

    But there are several ways to overcome this problem:
    1) You have enough assets, for example you own real property of a certain value, stocks, bonds, savings etc. The sums required can be substantial.

    2) You can find a joint sponsor or a co-sponsor. If you can find a person legally in the United States who can show that he or she has the required income (but now counting him or her and her household as well), they can submit an affidavit of support for your husband.

    Example:
    You, your husband and your child will live in one household in CA. You would have to show a minimum annual income of $ 22,877. If you cannot show that, but your parents are willing to sign an affidavit, they can do that if they live in the US and can show the minimum income. Let us assume they are living together with your younger sister who they support. So they will now have to show enough income to support your family and their family, requiring them to show they earn at least $ 36,912. (All numbers are subject to change. This is only an example!)

    What is important to know is that you cannot count the future income of the alien to be petitioned.

    The affidavit of support is required for a successful visa application. However, if there are other reasons for the officer to think he might become a public charge, there might be more proof needed.

    I suggest to let an attorney consult you about these issues and file your paperwork.

    Wolf W. Kaufmann
    Southern California Immigration Attorney
    www.wolfklaw.com
    No client-attorney relationship is being established by this post.

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