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Can unemployed sponsor I-864, and I'm unemployed too

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  • Can unemployed sponsor I-864, and I'm unemployed too

    Can unemployed sponsor I-864

    Thanks everyone for sharing their experiences and questions.

    my husband lost his job, and he got the naturalization certificate last month, and I just have a new born baby on my F1 visa, I don't have income. and my I20 will expire in about 6 months. I do not know whether he can sponsor me being that he is now unemployed. Last year he did meet the income requirements. On the website it states that I need to provide proof of current employment...which we do not have for him at this time. can we use the saving, or my brother's income, but he is not in the same state.

    Has anyone been in this situation where the sponsor is unemployed

    should I just wait till he finds employment and then file? I would like to file ASAP since my I20 will expire soon
    Thanks a lot

  • #2
    does he get unemployment benefits? Also, look into the assets part.
    Concurrently filed: I-130, I-485, I-765, I-864, I-325A and G-1145 for parent
    01/03/2010: Mailed to Chicago
    01/05/2010: Arrived
    01/08/2010: emails of receipt
    01/11/2010: Received NOA by postal mail for I-130, I-485 and I-765
    01/15/2010: ASC Appointment notice for 1/29/2010
    01/21/2010: FP walk in - l
    02/06/2010: FP 2nd appt scheduled
    02/08/2010: RFE for I-693
    2nd FP done walk in
    02/18/2010: I-693 mailed
    03/05/2010: EAD email 1 and 2 in 2 days
    03/12/2010: interview in 1 month


    • #3
      If your savings and other readily sellable assets are 5 times the "125% of the poverty line" requirement, you don't need income.

      Are you still studying full time? If yes, there is no rush. Once you file the I-485 you will be legally authorized to stay in the US until it is decided, even if your F-1 status expires. So you don't need to worry about completing the process before your status expires; you just need to file the papers before your status expires in order to avoid a gap in status.

      And if you have been married for more than 1 year but less than 2, it may be to your advantage to wait until you have the full 2 years, so you will get an unconditional 10-year card upon approval instead of a conditional 2-year card.
      Last edited by Jackolantern; 31st March 2010, 08:33 AM.

      EB3 ROW I-485 Approved: July 2007
      USC: July 2013
      I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.


      • #4
        Thanks a lot for both of you,
        he got unemployment benefits, but it's not enough for 4 people in the household, two babies included, that would be great if the savings and other readily sellable assets counts, can I know where I can find the official notice that "If your savings and other readily sellable assets are 5 times the "125% of the poverty line" requirement"
        I already graduated as a PhD and used up 1 year OPT, right now I registered in a language school to keep the F1 status. is it the same that I can wait until the status expires?
        Thanks a lot for your help