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What if we get rejected because my USC husbands earnings aren't enough? Will we have to reapply for my green card?

Brooklyn, NY |

We are filing the I-864, my USC husband is now in a job where his salary $40,000. But his last three years of tax returns were under the poverty limit. If we get rejected and then need a co signer will we have to reapply for my green card?

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Attorney answers 8

Posted

Your husband has to prove to the satisfaction of the USCIS that his current income meets the poverty guidelines. Don't worry about past 3 years of returns. If for some reason, your husband's current income is not enough for your household size you'll get an opportunity to find a joint sponsor.

Posted

YOu will need a co sponsor That is it.

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Posted

No. You will be given time to get a co sponsor. I suggest you go ahead and submit the docs for a co sponsor now.

Posted

Then you will need to find a co-sponsor.

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.

Posted

No! Relax. You will NOT be r"rejected". There are always more than one way of skinning a cat.. Based on the facts here your husband does qualify on his last year of tax returns . All you need os to show is just the last year of the tax returns to qualify on the I-864.

If worst came to worst, one can always get a co-sponsor. But not in this case.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

Submit your husband's current pay-stub. If somehow your husband does not have "enough income" under the guideline, you'd need a co-sponsor who meets such guideline. You don't need to reapply.

Posted

You will need a co-sponsor.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

His salary seems adequate to qualify for the Federal Poverty Guidelines. If the service deems that he does not have adequate income, you will not be rejected but will be asked to furnish a co-sponsor or joint sponsor with adequate income to ensure that you don't become a public charge. You will not have to reapply. They will send you a request for further evidence.