Green card application for spouse sponsored by...an unemployed prospective grad student

[mehdekau 0]

Hi everyone,

I have a huge dilemma that just suddenly came up. My boyfriend of 2 years who is here in the U.S. on a work visa was recently released from his position by the sponsors of his work visa. We have previously discussed the options we would have if this problem ever came up, and marriage was almost always at the top of our "solutions" list. We haven't finalized anything yet, but I've been researching the requirements to file a petition for a green card for a spouse. The only problem that I feel is holding me back from being able to properly go through with the process is the I-864 Form which requires the sponsor (me) to have an income of at least 125% of the poverty level in my area. Currently I am unemployed and am applying to graduate schools, so my income is essentially 0. Having my parents jointly sponsoring my boyfriend is not on the list of possiblities because they don't approve of this relationship. However, my boyfriend has been working in the U.S. for at least 4 years now and has enough savings for at least a few months (enough time to find a new job), if not more. What are the chances that my application to get him a green card would be denied? If more information is required, I'll be happy be to provide it if it helps with answering my questions. Thank you!

-Fran

[belinda63 2,981]

It is my understanding that since he is not currently working he has no income. The savings can be used but they must be 3X (I think) the poverty guidelines for your household size. So this would be about $60.000. Potential future employment is not considered. Although if he can legally obtain another job his income could then be used for the I-864.

[VanessaTony 3,567]

If you are unable to meet the I-864 requirements, either by yourself or with a cosponsor, then there is zero chance the GC application would be approved.

If he gets another job, I believe as your spouse his income can be considered because he is working in a legal position in the US (so the income will continue). So if he finds another job, I would file a couple of months afterwards, using him as a co-sponsor. That might work.

That is his only choice for a marriage based GC unless you plan on getting a job to support him so you can file for the GC.

[Darnell 8,478]

does he qualify to file the I-864W ?

[aaron2020 11,651]

You need a Joint Sponsor. The case will be denied because you and your fiance's income is zero.

Your income is zero. Your fiance's income is zero since he is unemployed. Your total income is zero. You need a Joint Sponsor.

[NigeriaorBust 4,087]

You can use any willing and qualified USC or LPR as co sponsor Friend , family , neighbor.

[mehdekau 0]

Thank you all for your responses! I really do appreciate it. First off, I don't think he is eligible for the I-864W Form. Also, I am currently looking for a full time job as my applications are for entry to graduate school next year. If I in fact do land a job, would this increase the chances of approval? (Assuming yearly income would be around 30k.) Also, a friend is eligible to be a joint sponsor? Thanks again for everyone's help.

Edited July 4, 2013 by mehdekau

[Darnell 8,478]

i suggest you review the I-864W again.. 4 years of his work counts for something - you really should have a look at the instructions and make a dry-run on the computations.

Edited July 4, 2013 by Darnell

[VanessaTony 3,567]

Thank you all for your responses! I really do appreciate it. First off, I don't think he is eligible for the I-864W Form. Also, I am currently looking for a full time job as my applications are for entry to graduate school next year. If I in fact do land a job, would this increase the chances of approval? (Assuming yearly income would be around 30k.) Also, a friend is eligible to be a joint sponsor? Thanks again for everyone's help.

Anyone can be a joint sponsor. Neighbour, boss etc. as long as they're either an LPR or USC and uses their US income.

And yes, if you got a job (instead of using a joint sponsor) you would be fine. you only need to earn $19K a year (for a 2 person household size). You would want to be working for a couple of months before filing though to show it's stable income with a few paystubs.

I should mention, approval is based on your relationship. Assuming you had all the requirements met (sponsorship etc) then your relationship would be the part that determines whether he's approved or not.

[mehdekau 0]

Thanks again for the responses. We would not mind delaying anything if it increases the likelihood of them accepting the application for his GC. If it will take a few months of work first, then we will wait it out and plan everything else out carefully. Once again, thank you to everyone for your help.

[mehdekau 0]

i suggest you review the I-864W again.. 4 years of his work counts for something - you really should have a look at the instructions and make a dry-run on the computations.

I reviewed the instructions for the i-864W...It states that you are required to have worked (earned) 40 quarters of coverage under SSA, which would require a bare minimum of 10 years of work all year round. However, I'm not sure whether there is some sort of loophole where earning 40 quarters of coverage in less than 4 years would suffice.

[aaron2020 11,651]

I reviewed the instructions for the i-864W...It states that you are required to have worked (earned) 40 quarters of coverage under SSA, which would require a bare minimum of 10 years of work all year round. However, I'm not sure whether there is some sort of loophole where earning 40 quarters of coverage in less than 4 years would suffice.

There's no loophole. He doesn't qualify for the I-864w.

You will need either a job paying at least $19,000 or a Joint Sponsor. This is an absolute requirement. There's no way around it.

[Justine+David 218]

You could defer your graduate entry for a year while you get a job temporarily and then as soon as he gets the green card, he'll be able to work to support you through school.