For i-864, when sponsor has no job yet, should I find a joint sponsor?

[minioncute 0]

Hi all,

I am recently married to my husband, US citizen, and I am currently on student visa graduating in May this year. In order to get EAD soon, I am debating should I file OPT now so I can get a job after I graduate? Or should I start to apply green card now, which includes EAD.

The situation is that my husband graduated from school not long ago, and he is currently looking for a job. If I apply now, we have to ask his brother to be the joint sponsor FOR I-864. And when he find a job later, we can mail his salary and income information then for I864. Is it a safe thing to do? Or we'd better wait until he get a job and then apply green card. I also worry even if he get a job, he doesn't have 6 months pay stub. Should we still have his brother to be joint sponsor anyway just to be safe?

I hope i didn't make it sounds confusing. Thank you!

[aaron2020 11,651]

With his brother as a qualified JS, you can apply now. Why wait?

[minioncute 0]

With his brother as a qualified JS, you can apply now. Why wait?

Thank you arron 2020. I was worrying if sponsor (my husband) doesn't have a job, it may hurt the chance of getting approved. so as long as his brother met the income requirement for his own household members (his wife and 2 kids) and me, then he is able to be the joint sponsor then.

[aaron2020 11,651]

Thank you arron 2020. I was worrying if sponsor (my husband) doesn't have a job, it may hurt the chance of getting approved. so as long as his brother met the income requirement for his own household members (his wife and 2 kids) and me, then he is able to be the joint sponsor then.

Exactly.

Your husband will always be primarily responsible by filing his own I-864 even though it does not meet the poverty line.

His brother meeting the I-864 requirements by himself is perfectly fine for you to adjust.

[minioncute 0]

Exactly.

Your husband will always be primarily responsible by filing his own I-864 even though it does not meet the poverty line.

His brother meeting the I-864 requirements by himself is perfectly fine for you to adjust.

I got it. Thank you!

I also have a follow up question. If my husband find a job soon that meet the poverty line and I apply for the green card, he can't provide 6 months pay stub. In this situation, is it still better to include his brother to be the joint sponsor?

[aaron2020 11,651]

I got it. Thank you!

I also have a follow up question. If my husband find a job soon that meet the poverty line and I apply for the green card, he can't provide 6 months pay stub. In this situation, is it still better to include his brother to be the joint sponsor?

Yes, it's better to have his brother be the JS. You can never be sure when your husband will have enough of a work history to meet the I-864 obligation on his own. The only way for sure is if you had and interview and the opportunity to ask the CO to solely consider your husband's I-864.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from student visa ~