I am in H1B status and my wife has a green card. I am currently the only source of income for our family. How can she show she meets the financial requirements to sponsor me for a green card?

Answer

A permanent resident can petition for a spouse. These cases fall under FB2A and have a wait time for visa number availability. The affidavit of support isn’t needed until the visa number becomes available and the I-485 can be filed. In some marriage-based cases, the sponsored spouse’s income can count. Additionally, it is always possible to show savings (if sufficient) rather than income. It likely makes sense to go ahead and file the I-130 to get the priority date locked in. And, you may wish to schedule a consultation with an attorney to discuss the situation in greater depth. (10.Aug.2015)

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