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Will this fact affect issuance of green card on the first interview?

Phoenix, AZ |

I married US citizen that has been unemployed for the past two years and she has kidney disease (she has one kidney left). Will it affect me issuance of green card at the interview? We are both living in AZ. Since she is unemployed I have a friend who is going to be my joint sponsor, and he will fill out I 864 form. He is senior public accountant and he's income for past three years is about 70,000 a year.

Attorney Answers 6


  1. Unemployment means a co-sponsor will be required for the affidavit of support requirement.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. the fact that you have a joint sponsor has no bearing on the approval of your case

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. Based on the facts that you provided, it does not sound like this will be a problem.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500


  4. If you prove the marriage is bona fide to the satisfaction of the officer and have the joint sponsor, I see no reason why it shouldn't work. They can grant it after one interview or request a followup. Depends on the officer.

    Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  5. Your wife's health and her unemployment will not keep you from being granted lawful permanent residence as long as you have a co-sponsor willing to sponsor you and attest that you will not become a public charge and the co-sponsor's income is sufficient for him to do so. At $70,000 per year, unless he has a very large family to support, you should have no issues.

    A link to the poverty guidelines is below. Only his current income will be considered so he will need to show what his income has been for the last couple of months in addition to providing his most recent tax return(s).

    Best of luck to you and your family.


  6. I am sorry to hear of your wife's health condition. The fact that she is ill and not working will not have any bearing on your case. So long as you prove the marriage is a real one (not just for "papers"), you have a qualified cosponsor, and there are no issues regarding your admissibility (criminal record, illegal entry...) there is no reason you should not get your green card. Good luck to you.

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

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