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Unemployed, can I still sponsor my wife?

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by Mason3000, Dec 9, 2010.

  1. Mason3000

    Mason3000 New Member

    Hi all, new poster here & I am concerned about the application process.

    About us: I'm from the United States & my wife is from the Dominican Republic. We've been legally married since 2003, after six years of dating. We have the marriage certificate from Costa Rica & we've already proved we are legally married once while applying for her US Visa a few years ago. We also have three daughters who were born in Costa Rica, but are US Citizens.

    A year ago my business in the Dominican Republic went broke & we decided to move back to the United States for good. We arrived in July & her Visa expired in August. I didn't have the $1400 to apply for her Green Card until now. We've been receiving food support to help us get by. We're settled now in the states & we have her interview tomorrow afternoon to turn in our paperwork for her Green Card. Here's the issue....Since I'm unemployed & don't have any money left after relocating our family to the US, can I sponsor her? I don;t really have any family who can or would be able to sponsor her. It's been very difficult for me to work with her being illegal because she can't drive or get around which makes me responsible for every aspect of our daily life. I'm 6 months short of my degree & am returning to college in January.

    What type of response should I expect? What should I be prepared for?

    Thanks in advance, Jim Mason
  2. namecheckvictim

    namecheckvictim Registered Users (C)

    There is a new form I-912 that you can use to waive the fee for her GC.
    There is no exception to the Affidavit of support requirement and not unless you or somebody else provides that she will not be able to adjust status.
    With that being said file for her right now using the fee waiver if you qualify atkeast that way with the filed forms she can have a work permit to go get drivers license and then will not be deportable as she would be then waiting for adjustment of status.
    Last edited by a moderator: Dec 9, 2010
  3. BigJoe5

    BigJoe5 Registered Users (C)

    This category of I-485 does not qualify for a fee waiver. You do not have to concurrently file the I-864 up front, so, don't. If she can get her EAD and get a job by the time you must file the I-864, her income as your spouse and as the intending immigrant can be included. As for you, you can include "assets" in the mix but for a family of 5 that may be a real stretch. The I-864P shows a minimum annual income of $32,237 for a family of 5.
  4. namecheckvictim

    namecheckvictim Registered Users (C)

    Thanks BigJoe5,

    Is it true for all FB I-485's?
  5. BigJoe5

    BigJoe5 Registered Users (C)

    No, some I-485's do qualify. It is explained in the I-912 Fee Waiver instructions.

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