You will need to prove that your marriage is legitimate and it wasn't done to benefit your wife financially or to help you get a green card. I understand that money is an issue for you now, but I strongly recommend that you speak to an immigration attorney before you do anything. I expect the USCIS will be suspicious of everyone's motives in light of your wife's financial problems.
This is only an issue with regard to her ability to execute an affidavit of support on your behalf. You will need a co-sponsor.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Concerning your green card, you will need to prove good faith marriage. As for financial support, you already addressed that too, you will need a co-sponsor.
Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
I highly recommend you and your wife schedule an appointment over phone or in person with an immigration attorney to screen for the strength of the case and financial concerns. It could seem like a paid arrangement for your wife if she was previously on government assistance. If you have a real marriage you will have to prove it.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
Your wife being on welfare benefits should not be a huge issue, neither should her not filing taxes so long as there was no filing requirement. Having a joint sponsor should address these concerns.
414-758-5245 * www.gilgannonlaw.com * firstname.lastname@example.org
If she has not filed income taxes for the last two years, it very likely will be a problem for the affidavit of support. You will need a joint sponsor in any case, since her income is under 125% of the poverty rate.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.