Legal Question in Immigration Law in Texas

I'm a USA citizen I have applied for immigration for my parents and it was declined because I dont have a source of income and I would like to apply through my husband now. Do I have to start over and wait for 1.5 years all over again?


Asked on 3/05/13, 3:18 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Your husband cannot petition your parents. However, I don't see why the immigrant visa would be denied due to your income, since you are married, & your husband's income can be attributed to the Affidavit of Support. If your husband did not meet the poverty guidelines for the Affidavit of Support, then you should have been given the option to find a co-sponsor.

If your parents applied at the U.S. Consulate, I suggest that you request that the case be reopened, so that you have an opportunity to remedy the Affidavit of Support issue.

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Answered on 3/05/13, 10:42 am


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