Legal Question in Immigration Law in California

Is it possible for me to petition my wife to come to the United State if I am a student with no income or low-income? If yes, how?


Asked on 9/11/09, 8:07 pm

4 Answers from Attorneys

Luba Smal Smal Immigration Law Office

There is no need to petition for a wife if you are a foreign student on F1 visa in USA. Your wife can submit a visa application to the nearest US consulate and apply for a dependent F2 visa. Showing of sufficient funds will re required.

If you are a USA citizen (which you didn't specify in your question), then yes, you will have to petition for your wife first. When the petition is approved, you will be required to sponsor her and show that you earn enough money to support her financially. If not, then you can still be able to bring her to USA if you find a joint sponsor, a person who is willing to undertake financial responsibility for your wife (sign the Affidavit of support and become a co-sponsor).

Web: www.law-visa-usa.com

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Answered on 9/11/09, 8:15 pm

If you are a US Citizen, then you could petition for your wife, even if you don't earn enough money, so long as you might find someone who will be able to co-sponsor your wife in an affidavit of support who is willing to take financial responsibility for your wife.

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Answered on 9/11/09, 10:47 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

Other assets beside one's income can be presented on an affidavit of support to convince the government that your wife would not become a public charge.

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Answered on 9/12/09, 12:35 am
Ellaine Loreto Law Offices of Ellaine Loreto

If you are a student, she may be able to file an F2 visa to come to the U.S. This is a temporary visa. However, if you are a US citizen or green card holder, you may sponsor her for a immigrant petition and she can apply for permanent residency. You will have to meet the requirement of minimum income, but if you do not, you may seek another person to help you meet that income requirement and sponsor her jointly. The minimum income requirement depends on the number of dependents you have. As mentioned by the lawyers above, you can also meet the income requirement if the value of your assets satisfy the requirement.

To discuss your options further, kindly call me at my office located in Orange County in the city of Orange: 714 288 0574 or email me at [email protected]. Our offices offers a FREE initial consultation and payment plans. I look forward to speaking with you.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 9/12/09, 1:37 am


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