Legal Question in Immigration Law in New York
Good Morning Dear Attorney,
I am a US Cititzen. I married my spouse overseas this year. I am filing the petition I-130 to bring her to the states. I meet all of the requirements. But, I am unemployed. Please advise if it is Ok to apply now or wait until I get a job.
Respectfully,
Edgar Marquez.
2 Answers from Attorneys
You can apply now, but you will have to take into account that one of the requirements for your wife's eligibility to adjust status is that you file an Affidavit of Support, which is basically a contract between you and the Government which obligates you to prevent your spouse from becoming a public charge. Since, in your case, you are unemployed, you will either have to demonstrate that you have sufficient assets to meet the requirements of the regulation, or find a joint sponsor with sufficient income or assets willing to sponsor your wife.
It is permissible to petition her now, however you will need a co-sponsor for the affidavit of support if you are not employed, or earning below the poverty guideline.