Part of immigration through a USC spouse is that the USC spouse has to file an Affidavit of Support, which is a legally binding document which states that he will support you at 125% of the poverty guidelines. I would expect the officer to request updated employment information for both of you. You may need to update the Affidavit of Support previously filed. Whether your current income will be enough depends on your household size. Unemployment in and of itself is not a problem, but the lack of ability to support you could be. You should contact your immigration attorney about the matter and go to the interview prepared.
*This is not intended as legal advice. Individuals should consult an attorney to review individual circumstances of their case.
If he is the petitioner, it could affect his ability to comply with 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.
Even if your husband is on unemployment presently, you may bring in copies of your bank account statements to show that he has enough assets for purposes of affidavit of support. If that is not the case, than you may need to have another affidavit of support from your co-sponsor. Consult an experienced immigration attorney on this matter.
Contact immigration 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.
While the USC petitioner being unemployed is not a problem in and of itself for you, his spouse, to get your green card (assuming the marriage is real), his having lost his job could create sponsorship elligibility issues on the Affidavit of Support. That affidavit of support will need to be updated with the new information. You need to seek the advice of a QUALIFIED immigration lawyer. It might also be a good idea to talk to your husband's circle of family and/or friends and seek to bring in a "co-sponsor" in addition to your husband, who will be able to fulfill the 125% of the the "poverty guidelines" threshold, should your husband no longer qualify. What ever you do, it is IMPERATIVE you talk to a lawyer in your area TODAY, right this minute, BEFORE again appearing "naked" in front of the USCIS officer!
If this is a second interview, I would definitely not suggest you go without an attorney. The reason is this: 1) You are already in a defensive position with second interviews. An attorney can help you come out ahead, and 2) There could be a number of additional problems that can come up, and in your case, it seems financial problems will be important to consider.
Dhenu Savla, Esq.
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