Principal sponsor unemployed. Can the petitioner stand in as a primary sponosr

[Aret 0]

I'm a US citizen currently living abroad. I'm married and currently unemployed. I want to return to the states with my family and our file is currently with the NVC. I solicited for a joint sponsor but can my spouse stand in as the primary sponsor since I don't have funds to meet the requirements as the primary sponsor? Thank you

[Gabriel5454 26]

Assuming this is for a spousal visa (IR-1/CR-1) you are the primary sponsor.  You must fill out the form as the primary sponsor even if you yourself don't meet the income requirements.  Your joint sponsor will then will out their version of the form and you will submit everything together.

 

You are the petitioner in this case, not your spouse.  Your prospective joint sponsor must be a US citizen or permanent resident.

[appleblossom 3,811]

12 minutes ago, Aret said:

I'm a US citizen currently living abroad. I'm married and currently unemployed. I want to return to the states with my family and our file is currently with the NVC. I solicited for a joint sponsor but can my spouse stand in as the primary sponsor since I don't have funds to meet the requirements as the primary sponsor? Thank you

 

No, only you can be the primary sponsor. A USC or green card holder in the US can be a joint sponsor. 

 

Did you apply for your children’s I-130’s? The best thing to do would be to hold your wife’s case at the NVC stage, and wait for your children’s to catch up. Then that will give you time to find a new job. 

 

Good luck. 

Edited April 10 by appleblossom

[Ontarkie 14,827]

~~Moved to IR1/CR1 P&P, form Taxes and Finances as the OP is asking about sponser for the visa process.~~

[pushbrk 13,380]

On 4/11/2025 at 2:07 AM, Aret said:

I'm a US citizen currently living abroad. I'm married and currently unemployed. I want to return to the states with my family and our file is currently with the NVC. I solicited for a joint sponsor but can my spouse stand in as the primary sponsor since I don't have funds to meet the requirements as the primary sponsor? Thank you

Previous responses are correct, but incomplete.  You are the primary sponsor no matter what, but if your spouse has either clearly sufficient liquid assets that can be documented, those assets can be used to meet the requirements.  Further, if your spouse has a job that will continue once in the USA from the same source, their income can be used as well. If neither of those is true, you will need a qualified joint sponsor, or to return to the USA and get a job with enough income before proceeding.

 

Now is the time to download and become an A-Student of the I-864 instructions.