Legal Question in Immigration Law in California
my husband is an army reservist and gets paid to study but does not work i live in South africa and he lives in the US we filed our i130 and thats still pending. but will i get denied because he does not have a full time job?
2 Answers from Attorneys
The I-130 can be approved because they are not looking at his employment or income at this stage. However, after the I-130 is approved, he will need to submit the Affidavit of Support on your behalf and provide evidence of his employment, income, salary, assets, etc. If his income is not sufficient, he may get a Joint Sponsor who agrees to take financial responsibility for you, his wife, and sign additional Affidavit of Support.
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Hi,
After I-130 is approved by the USCIS, you will be scheduled for immigrant visa interview at the nearest U.S. Consulate by the National Visa Center.
An Affidavit of Support from your husband is required only when prompted by the National Visa Center. It is possible to obtain independent affidavit of support for another individual who is a U.S. citizen or permanent resident as well if required.
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Regards,
Ajay K. Arora, Esq.
www.h1b1.com