Jersey City, NJ asked in Immigration Law for New Jersey

Q: How likely is it that our marriage based green card application would be rejected based on our Affidavit of Support?

My spouse is a college student. In 2017, my spouse made about $3,000 from employment, while I made about $14,000. In 2018, my spouse made about $3,000 and I made about $4,000 from employment. In 2019, we got married and filed a joint tax return for the year. In 2019, she made about $1,000 from employment and about $21,000 from taxable scholarships and grants, while I made about $6,000, mainly from employment. Our joint income for 2019 was about $28,000. In 2020, my spouse has made about $15,000 from taxable scholarships and grants, while I made about $12,000 from investment income (brokerage). Our combined income, so far, in 2020 is about $27,000. We have about $41,000 in liquid assets.

How likely is it that our application will be rejected? My spouse’s 2017 and 2018 incomes are low, and the bulk of her 2019 and 2020 income comes from taxable scholarships and grants from the college she goes to. She will graduate school in May of 2020.

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2 Lawyer Answers
John Alexander Bates
John Alexander Bates
Answered
  • Immigration Law Lawyer
  • Bridgeport, CT

A: You may want to get a joint sponsor to be safe.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Assuming all income is lawfully made—that is, you were eligible to work in the United States and did so lawfully—you should be OK. You have substantial assets, which is helpful, too. Without knowing your particular circumstances, however, it is hard to say for certain. Your best bet would be to consult with an attorney.

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