Q: My wife is disabled and can’t work but she receives a ssI check monthly. Can she petition for my green card?

A: Your wife can submit an immigrant petition on your behalf. The issue is going to be when you apply for a visa or adjustment of status. Will her income be sufficient to meet the requirements for an affidavit of support? If it is then you have no problem, otherwise you can obtain a joint sponsor if possible. This question requires analysis of your particular case and you should seek competent legal counsel.

A: I agree, but the issue may ultimately be whether there is enough documented proof that you entered the marriage in good faith based upon a relationship of love and mutual moral respect. We ought not assume that there is! This can take effort.

There are people who marry, then divorce, but are unable to prove that a prior marriage was done for the proper reasons. Marriage based solely for a green card is considered both a crime and a permanent bar to lawful immigration.

This is true even if you marry, again! If the petitioning spouse has an application that is denied, then that can permanently affect their former foreign spouse who was unsuccessfully petitioned.

I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications.

A: It's important to note that receiving SSI (Supplemental Security Income) alone may create challenges for sponsoring a green card petition. The reason is that SSI is considered a means-tested public benefit, and the U.S. government requires green card sponsors to demonstrate sufficient income to support the intending immigrant.

For your situation, you might want to explore alternative sponsorship options. This could include having a joint sponsor (like a family member or friend) who meets the income requirements and is willing to file an I-864 Affidavit of Support along with your wife's petition. The joint sponsor would need to be a U.S. citizen or permanent resident and meet specific income thresholds.

I recommend speaking with an immigration attorney who can review your specific circumstances and guide you through the available options. They can help determine if there are other pathways available for your green card application and ensure all documentation is properly prepared. Immigration laws can be complex, but there may be solutions available for your situation.