If your husband is a U.S. Citizen, he would have to file a Form I-864, Affidavit of Support along with the I-130 petition on your behalf. If your husband goes back to school, or is unemployed and cannot meet the income requirements, he would have to get a Joint Sponsor (who is at least 18 years old and is a U.S. citizen or “green card” holder) who agrees to submit an affidavit of support to sponsor you.
Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This communication does not create an attorney-client relationship.
If you are approved before he goes back to school there will be no problem, otherwise, you will need a joint sponsor on the affidavit of support [and may already need a joint sponsor].
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.
He needs to have sufficient income at the time of application and adjudication.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com