Legal Question in Immigration Law in California

unemployed applying for I 130

I am a student and US citizen, and for the past 3 years my income is around 20,000 per year. I was done with school last december and presently don't have a job. But I would like to marry my boyfriend and apply for I 130 who is on H1 visa, we are trying to do it as soon as possible since his visa expires soon and didn't get a continuation. since I don't have any current income, my father who is also an US citizen offered to file for I 485. Is this okay to get the visa or will we face any problems?


Asked on 2/25/09, 10:50 am

3 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: unemployed applying for I 130

Absolutely you can add other income, but this matter is complex and you should get an attorney. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 2/27/09, 10:54 am
Michael Cho Law Offices of Michael Cho

Re: unemployed applying for I 130

As long as your father qualifies as a joint-sponsor, you should be fine with proceeding with your husband's adjustment of status as long as all other requirements are met.

You may find comprehensive information here:

http://www.msclaw.com/Green_Card_for_Spouse.html

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Answered on 2/25/09, 12:36 pm
Gabriel Jack Muston & Jack P.C.

Re: unemployed applying for I 130

Well, you father would not file the I-485. He would be responsible for filing a second Affidavit of Support. Feel free to contact my office for an initial consultation. the case is fairly strait forward, and we should be able to help you with it.

Best,

Gabriel D. Jack

Attorney at Law

408.293.2026

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Answered on 2/25/09, 12:56 pm


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