Chandler, AZ asked in Immigration Law for Arizona

Q: Lost job after applying for greencard ?

Hello I applied for my wife's greencard 2 weeks ago and then I just lost my job. My wife is on work visa and she makes in 6 figures on her own which we mentioned on the application.

Would this affect our chances? If yes, is there anything we can do about it?

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2 Lawyer Answers
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Losing your job after applying for your wife's green card should not significantly impact your chances of approval, especially if your wife's income is sufficient to support your household. However, there are a few things to consider:

1. Affidavit of Support: If you filed Form I-864 (Affidavit of Support) as the sponsor, your loss of income might raise questions about your ability to support your wife. However, if your wife's income is above the required threshold (125% of the Federal Poverty Guidelines), she may be able to serve as her own sponsor or a joint sponsor.

2. Communicating changes to USCIS: It's important to inform USCIS about significant changes in your circumstances. You can do this by writing a letter explaining your job loss and providing evidence of your wife's income. Include this letter with any additional documents requested by USCIS.

3. Public charge rule: Under current regulations, USCIS will assess the likelihood of an applicant becoming a public charge. They consider factors such as age, health, family status, education, skills, and financial status. Your wife's high income should work in your favor.

4. Seeking new employment: If possible, try to find a new job to demonstrate your ability to support your family and to alleviate any concerns USCIS may have about your financial stability.

In summary, while losing your job is not ideal, your wife's substantial income should help mitigate the impact on her green card application. Be proactive in communicating with USCIS and provide evidence of your wife's income to strengthen your case.

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: The income of an immigrant spouse who has permission to work in the US can be counted in the affidavit of support. So if your spouse makes over $28,000 per year currently, you should not need a joint sponsor.

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