Couple questions about complicated immigration circumstances..

[ckwilson 0]

Hello,

My husband (US Citizen) and I were married in Canada in June of 2013, and filed for Canadian sponsorship nearly a year ago so I could sponsor him to live up here with me. He has been in Canada with me for over a year now, unable to work legally, waiting for our canadian papers to start processing (filed almost a year ago as well), but we are wanting to scrap this process and move to the US. We live with my parents (I'm 21, working and going to school) and long story short, our living circumstances are changing and my husband is going to be unable to stay in Canada with me for much longer. Parents don't understand the immigration process of waiting and being unable to work.

Our plan is to send my husband back to California, file for CR-1, and me move down there instead.

My question is..

SINCE my husband hasn't been able to work for the past year or two, due to traveling and being here in Canada with me, is the ONLY thing really barring our application the affidavit of support income guidelines? His plan once he gets back to California is to get a job immediately and we are hoping some of his family members can co-sponsor. He is not a skilled worker but says he could most likely find a job which could meet the requirements, but we'd like to have co-sponsors as back up.

He also doesn't have any tax return information, at all, and we're wondering if this is going to be an issue as well? If so, is there any way for him to receive these, even if the amounts have to be 0?

Thank you so much.

Edited July 19, 2014 by ckwilson

[Ryan H 3,790]

A joint sponsor will likely be required. Affidavit of Support paperwork is not filed at the same time as the petition and sponsorship requirements do not come into play until after the petition has been approved. The I-130 can be filed when ready and your husband can work on finding someone who is willing to be a joint sponsor while waiting for the petition to be approved.