Legal Question in Immigration Law in New York

Hi,

I am currently waiting to submit my (employment based EB3) I-485, with priority date Jul 2008. Recently though, I married a US Citizen and was planning to apply for a marriage green card. Unfortunately, my wife was recently laid off and is claiming unemployment benefit. My income is currently above the minimum income requirement for sponsoring for a green card, so would I have any problems applying for a green card with me being the sponsor? or would I be better off asking another family member to be a sponsor?

Any advice would be greatly appreciated. Thanks


Asked on 4/13/10, 3:30 pm

3 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Your US citizen wife will have to be a petitioner and a sponsor (whether she is employed or not). Your income can be added to her income.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

Read more
Answered on 4/18/10, 3:57 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Your wife is required to file Affidavit of Support in order to show bona fide marriage. If her income is not sufficient, you can add your income to her income and if you are working full-time, an independent affidavit of support from someone else will not be required.

Your wife's sponsorship will not interfere with your current employment-based nonimmigrant visa status. Indeed, if all sponsorship paperwork is filed concurrently, you will within about 2 months of filing receive employment authorization which is independent of your current visa status, and will also receive advance parole document, allowing you to work and travel independent of your current visa status.

You can call our law firm at 212-268-3580 if you have questions, or email [email protected] at your convenience.

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

Read more
Answered on 4/18/10, 5:01 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

You can use your income for purposes of affidavit of support if you are allowed to work in USA. Or relatives or family members can be added. There are many certain ways to deal with that.

If you need more detailed information based on your particular circumstances, please contact our firm.

Read more
Answered on 4/19/10, 3:03 pm


Related Questions & Answers

More Immigration Law questions and answers in New York