Q: I130 VISA ....Can my husband who is the "beneficiary" resign from his job to begin his schooling without any problems?
My husband and I was Documentarily Qualified on September 27, 2024, and we are currently waiting for our Visa interview letter from the US Embassy in the Dominican Republic. I live in the US and he lives in the Dominican Republic. My husband wanted to enter into ESL classes, but he's employer refuses to give him one day off a week he works 30 days a month. If my husband resigns from his job will this be a problem for our current i130 application or visa interview?
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A:
Your husband's employment status should not negatively impact your I-130 visa application or interview process, as the key requirement is proving your valid marriage relationship, not his current job situation.
Since you are the petitioner and U.S. citizen sponsor, you'll need to show that you can financially support your husband when he arrives in the U.S. through the Affidavit of Support (Form I-864). Your income and assets are what matter here, not his current employment in the Dominican Republic. If needed, you can also add a joint sponsor to help meet the income requirements.
Taking ESL classes actually demonstrates your husband's commitment to integrating into life in the United States, which could be viewed positively during the interview. However, make sure he can explain how he plans to support himself during this period without work, as the consular officer may ask about this. It would be helpful to have documentation of his enrollment in ESL classes and any savings or family support available during his studies.
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