Legal Question in Immigration Law in California

Yes, he will have to be a primary sponsor (even if unemployed), and your income can be added to supplement his income in the Affidavit of Support, USCIS form I-864.

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Other relatives can complete an I-864A and provide other assets/income to meet the guidelines for support. My concern is whether or not you can legally adjust status from the J visa.

Hello:

You may be subject to 212(e), or the two year foreign residency requirement. Look at your passport and see if this is so. If you are subject to this provision, you will need to apply for a Waiver of the two year foreign residency requirement prior to being able to adjust.

Your wages earned while in legal status can count for the Affidavit of Support, but not if you worked without authorization, such as before acquiring the J-1 status (if you didn't have employment authorization). Your husband is still the primary person on the Affidavit of Support as the petitioner. Your information and documentation would be added to the Affidavit. Unless you and your husband have many dependents, you will very likely meet the 125% poverty guideline minimum.

As you may be subject to the two year foreign residence requirement, you may be ineligible to adjust status or obtain an immigrant visa subject to a waiver unless you fulfill that requirement first, but that's beyond the discussion of your inquiry.

This is general information and not legal advice to be used during an attorney client relationship. Such relationship is created upon mutual agreement in writing. For further information or to consider hiring counsel, feel free to contact me at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

Bd. of Legal Specialization, State Bar of CA

You may use your income to calculate the affidavit of support, only assuming that income was lawfully obtained (i.e., you did not earn any unlawful employment income during your stay in the U.S.). Your husband must still be the primary sponsor, though (even if unemployed). In order for you to be able to adjust status in the U.S., you must determine and show that you are not subject to the 212(e) 2 year foreign residency requirement. If you are subject, then you must obtain a waiver prior to applying for your adjustment of status.

This is general infomration and not legal advice to bus used during in an attorney-client relationship. Such a relationship is created upon mutual agreement in writing. For further information, you may contact me at [email protected] or 415-387-1364.