What happens if a petitioner is unemployed?

Asked by: Michael Pacocha  |  Last update: April 29, 2025
Score: 4.4/5 (13 votes)

What happens if the petitioner doesn't have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines.

What if the petitioner has no income?

The petitioner must complete Form I-864; however if the petitioner's income is insufficient, a joint-sponsor may agree to also complete an I-864 on the applicant's behalf. An Affidavit of Support is legally enforceable.

Can a petitioner be unemployed?

My Petitioner is unemployed, does he or she need to fill out an Affidavit of Support? Yes. Your petitioner must still submit an Affidavit of Support (I-864) even if your petitioner does not have enough money to support you.

Can you sponsor someone without income?

Green Card Sponsorship Income Summary

The minimum income for a household of 2 to sponsor a family member or spouse is $25,550 as of January 2025. Minimum income requirements are lower for active duty military members. The general income requirement is 125% of the HHS Poverty Guidelines or 100% for active duty military.

Does unemployment affect immigration?

Q: Does the receipt of public benefits by a lawful permanent resident affect their immigration status while they are in the United States? A: No.

Unemployed Petitioner: I-864 Required?

16 related questions found

Can I sponsor my spouse to the USA if I am unemployed?

Even without a job, if your U.S. spouse or fiancé possesses sufficient assets to meet the income requirements, you can proceed with the visa process. Assets can include home equity, investment accounts, or retirement savings.

Does immigration check your employment?

The U.S. Department of Homeland Security also has the right to verify the information you provide by means including unannounced visits to your places of employment before or even after it has made a decision on your application. So treat this part of the application with the care and diligence it deserves.

Can I sponsor if I am not working?

Qualifying to Be a Financial Sponsor

Your annual income must be 125% of the Federal Poverty Guideline level. If your income is below that level, you may be able to use your assets or those of the beneficiary, such as cash, stocks, bonds, and property, to meet the financial requirements.

What happens if you don t make enough money to sponsor an immigrant?

If a sponsor's income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ.

How long can you stay unemployed on a green card?

There is no specific time limit for how long a green card holder can stay unemployed, as U.S. immigration law does not require lawful permanent residents to maintain continuous employment.

How much income does USCIS petitioner need?

You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)

How can someone prove that they are unemployed?

If you need to get proof of unemployment from your former employer, you can typically contact the human resources department directly. These professionals rarely need any materials from you. If you haven't left the job yet, you can ask for this letter in person by visiting their office.

Can a petitioner cancel a green card?

Canceling an I-130 or I-485 petition that has not yet been approved is a fairly simple process. A sponsor or individual must write a letter to USCIS calling for the reversal of the petition. It is advised to include any tracking numbers you have received throughout the process to expedite this change.

What if the petitioner does not show up?

But, on occasion, the plaintiff—the person who initiates a lawsuit by filing a complaint—fails to show up. If this happens to you, the judge will likely dismiss the matter, but not always, and the plaintiff might be able to refile the case.

How do you prove no income?

Any documents from state or federal benefit agency that show zero income. These can be eligibility notices for food stamps or Medicaid for instance. If zero income is due to the loss of a job, this can be proven by a termination letter or a notice of severance pay on your last paycheck stub.

What happens if the petitioner doesn't have enough income?

What happens if the petitioner doesn't have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines.

How long is a sponsor financially responsible for an immigrant?

The sponsor is also responsible for supporting the immigrant for 10 years or until the immigrant becomes a U.S. Citizen or Legal Permanent Resident. If the immigrant gets divorced, the sponsor is still responsible for supporting them financially. You may have a limited ability to sponsor other immigrants in the future.

What can go wrong when sponsoring an immigrant?

Liabilities of Sponsoring an Immigrant
  • Risks from the Immigrant. ...
  • Immigrant May Sue You for Financial Support. ...
  • Sponsorship is not Necessarily Terminated by Divorce. ...
  • Risk from the Government. ...
  • US Government May Sue You for Reimbursement. ...
  • USCIS May Fine You. ...
  • The Opportunity Cost. ...
  • The Additional Cost in a Worst Case Scenario.

Can a sponsor be unemployed?

Unfortunately, if you are unemployed, you will not meet the I-864 requirements.

What happens if a petitioner dies before an interview?

If your petitioner has passed away before the completion of your I-130 petition, you will need to find another petitioner to take their place. The USCIS requires this so that immigrants who are coming to the United States do not become the responsibility of the United States government.

How much money does a sponsor need for immigration?

The most common minimum annual income required to sponsor a spouse or family member for a green card is $25,550. This assumes that the sponsor — the U.S. citizen or current green card holder — is not on active military duty and is sponsoring only one relative.

Does USCIS know where I work?

The short answer is yes. USCIS has the means to detect unauthorized employment through its various monitoring systems and tools. They may come across this information during visa application processes, site visits, or even through tips and complaints from individuals or employers.

What can disqualify you from immigration?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

How does immigration affect unemployment?

Since 2022, the average unemployment rate for recent immigrants has been around 7.6%, compared with 3.8% for U.S. natives and 3.3% for non-recent immigrants.