Hey!

My husband and I filed for an I-130 petition. We are now trying to gather all the documents so we can schedule our interview. In the affidavit of support it requests proof of income. My husband is a full time PhD student and is living off student loans. I realize that this is probably doesn't classify as income, but he won't be getting a job as his studys take up all his time. Right now I am in Canada working while we wait for all of this to go through. I guess my question is, if he doesn't have an income but has student loans, what do we need to do for a complete affidavit of support? Or are there any other routes we should be exploring?

Thanks,
-J

Hi,

The short answer is you will need either a co-sponsor or have enough assets to cover 3 x 125% of the poverty level.

What visa are you applying for IR1, CR1 or K3? It's really helpful if you can fill in your timeline

Your husbands student loans do not qualify as income/assets because they have to repaid.
Your income does not qualify since once you get to USA you won't be working in the same place (more than likely).

If your husband has assets such as investments, real estate that can meet a certain dollar amount (actual dollar amount you would need I don't know, but its on the affidavit of support instructions), then the next option is that he gets someone to be a joint or co sponsor for you.

I think your husband need joint sponsor, but it depend on what kind of visa is your husband going to apply for you.

If:

• K3 would I-134 from your husand and from joint sponsor which is every things as your husband needs. Find out here Nonimmigrant Visa for a Spouse (K-3)
• CR1/IR1 would need Find out here Affidavit of Support and follow step bye step Immigrant Visa for a Spouse (IR1 or CR1)

See 2007 Poverty Guidelines