Skip to main content

Affidavit of support for my husband when i am not working

San Francisco, CA |

i have filed i-130 ,and am quite sure they will ask for the affidavit of support allthough im not working, is there anyway to avoid the affidavit and still recieve him here, or, can my husband , maybe even just a friend present there income for his proof of support?

+ Read More

Attorney answers 4


You, the petitioner, must fill one out (regarfless of employment). If you don't work or don't make enough to meet the "poverty guidelines" then you will need a co-sponsor.
Luis A. Guerra, Esq.
Law Office of Luis A. Guerra, PA
Atrium Centre
4801 South University Dr., Suite 252
Fort Lauderdale, FL 33328

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.


Your question is missing some important information, such as your status. Also, we need to know it you filed an I-485 or will your husband be processing through a consulate. This is important information to determine which procedures you need to follow and when you will submit the affidavit of support.

Generally, it is possible to also have joint sponsors or use the income and/or assets of other household members.

However, as always, I recommend talking to a qualified immigration attorney about your husband's case to make sure that he is eligible to receive the benefit through you. He may have negative criminal or immigration history that might cause him to be ineligible. It's a good investment in your future.

The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client. I strongly advise consulting with an immigration attorney before filing any papers with immigration, particularly if the person for whom you are filing has any past negative immigration or criminal history and is in the United States. There is always a risk of removal from the United States.


No, you cannot avoid filing an affidavit of support. You, as the petitioner, are required to file one. If your income is not enough, you must also get a co-sponsor to file one.

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.


I agree, but an I-130 does not require an affidavit of support. Eventually one will be needed though, and a co-sponsor will be required if you do not make enough money

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at