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I'm a US citizen filing for my husbands visa. He's self employed and supports our family. I've no income. Which form can I fill?

Woodland Hills, CA |

Hi. I am filing for my husbands visa. I am 28 and am a u.s. citizen. Born and raised here. My husband is from Germany, has a business he started about 1 year ago here in the US. He supports himself, me and my daughter. I don't work. The only proof we have is his bank statements, which show he earns around $75,000 annually. He's been in the US for, going on 8 years on a business Visa. It just expired and we were married in July 2012. I am filing for his Visa now through our marriage. Can he be his own sponsor if he's the only one bringing in income to our family? His business is growing so we are looking into setting up payroll, but as of yet, we don't have W 2 s. Please help me with what step I should take next. Thank you, so much!

Attorney Answers 5

  1. He can use his income so long as he has employment authorization. You can also use assets if your income is insufficient. Otherwise you would need a joint sponsor.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

  2. This answer only relates to affidavit of support requirements. I agree with my colleague, as a sponsor if you do not meet the income requirement, you may count your husband's income (intending immigrant’s income) if your husband derives his income from lawful employment or from some other lawful source that will continue to be available to the him after he acquires his permanent resident status. If his status has expired then it will be difficult to prove that his income is derived from lawful employment. In that case, you will need a joint sponsor. Please hire an immigration lawyer to handle his immigration matter.

    Rajesh Prasad, Esq.
    Parikh and Prasad Law Group
    5861 Pine Avenue Suite B
    Chino Hills, CA 91709

  3. There are a lot of forms that must be filed, such as I-130, I-485, g-325a - all depending on your specific situation. You may be able to use your husband's income to meet the sponsorship requirements for I-864 affidavit of financial support, and/or assets. It is vitally important to put together required supporting documents, as required by immigration laws and regulations. As part of the process, you will later be invited to appear in person for the interview, where it will be determined whether your husband qualifies for the greencard. You should definitely consult an immigration attorney!

    DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or or consult with your own legal advisor before taking any action based on information appearing here.

  4. You can file I-130 petition for your spouse. Once it is approved, you can then file I-485. You also need to file I-864 (affidavit of support). If you do not have income, you can use his income as long as it is derived from lawful employment or means. If he derives his income from legal employment here and loses his legal status to work here, you need to find a co-sponsor, such as your parents or other friends or relatives.

    Since your husband visa has expired, you need to find ways to continue his legal status here. I advise you talking to an immigration attorney to evaluate the situation and provide the best strategy for him.

  5. Very delicate area, the issue is if your husband has worked illegally his adjustment application will be denied by USCIS and he might be placed in removal proceeding. However he is protected, as per se is is an immediate relative of a USC. But USCIS will not tell you that. My advise is for you to consult with an experienced immigration attorney.

    Anthony Nze-Nwosu
    US Immigration Attorney Services
    Financial Center Building
    405 14th Street, Suite 1610
    Oakland, California 94612

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