Q: I am on HUD / public assistance Will I be able to marry an immigrant?
A: Yes but you may need to have a joint financial sponsor because “transfer payments” cannot be counted towards the minimum level of income required under I864P.
A: Receiving public assistance is not an obstacle to getting married. Your question does not pose whether you are able to sponsor your spouse for a green card, but that seems to be what you may be asking. Even if you are receiving public assistance, you can file a petition for your spouse, but you may need a joint financial sponsor in the case. You and your intended spouse should also consider scheduling a consultation with a competent and experienced immigration attorney. Whether you have enough income/assets to make sufficient your financial affidavit of support without having to get a joint financial sponsor is only part of the equation. A good immigration attorney will also screen the case to make sure no grounds of inadmissibility apply to your intended spouse or, if any do, whether a waiver may be possible. Grounds of inadmissibility are legal obstacles, based on things like past negative criminal history or immigration history, to one getting a green card. Many attorneys offer online video consultations.
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A:
Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse at an income level that is at least 125% of the Federal Poverty Guidelines.
Your current income and financial resources are key factors in this process. If your income from public assistance is below the required level, you may need a joint sponsor who meets the financial requirements. This person would also sign an Affidavit of Support to accept financial responsibility for the immigrant spouse.
Remember, each case is unique and subject to various factors. It is advisable to seek personalized guidance to understand how your specific circumstances might affect your ability to sponsor your spouse.
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