Evans, GA Immigration Law Firms & Lawyers

A Form I-130 Petition for Relative Alien can be successful even if the U.S. citizen Petitioner is unemployed and even if she resides outside the U.S. Of course, there are many other details that determine eligibility for the I-130 as well as for consular processing or adjustment of status applications. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

If the sponsoring Petitioner was not legally required to file a tax return (for example, if he/she did not have sufficient income to be required to file a tax return), then no tax return must be filed. You correctly understand that in such a circumstance a "joint sponsor" will be required, and the joint sponsor will have to supply appropriate documentation about income, including tax returns.

Item 17 in Section C of the Form I-130 Petition for Alien Relative seeks information about the beneficiary (your husband) and his children. This is only one of many items in the Adjustment of Status suite of applications that can be confusing, ambiguous or vague, and providing incorrect information can cause significant delays or even more harsh consequences. For a process as important as helping a spouse attain Lawful Permanent Resident status (getting a "Green Card"), it would be wise to work with an immigration attorney. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.