Out of status and my US citizen spouse was recently unemployed before any paperworks are done to adjust my status. My spouse is planning on filing for unemployment benefits... will that affect my spouse's petition on my behalf? how else can we complete the affidavit of support if my spouse is unemployed?
out of status/ Unemployed sponsor
- Thread starter Douglas1
- Start date
Triple Citizen
Registered Users (C)
If you both have been living together as a married couple for 6 months or more, check out form I-864A. However I am not too sure if one needs to be in lawful status to submit an I-864A.
JohnnyCash
Volunteer Moderator
Since you are out-of-status then your income can NOT be used for the purpose of Affidavit of Form (I-864). In order to consider beneficiary's income for this purpose, s/he must have been authorized to work...like having work permit, H-1b visa, etc.
And no, your wife to receive unemployment benefits will not affect your green card application, but I'm sure you know that she will not be able to sponsor you because she has no income. Nevertheless, some immigration officers can allow unemployment money as an income if unemployed person just recently lost the job and submits last 3 years' tax to prove that s/he has had a good paid job in the last year. But very few officers allow this, and only at the time of interview. They use their discretionary power. Otherwise, one must need to have a co-sponsor.