Brooklyn, NY asked in Immigration Law for New York

Q: Question regarding spouse sponsorship

If I have a 300k debt from a civil judgment and my income is 40k a year. Can I sponsor my spouse if I have a joint affidavit of support. My joint sponsor income is 60k a year?

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3 Lawyer Answers

A: You may qualify to sponsor your spouse with a joint sponsor who has income of 60k a year

A: OK, so the Uscis is not interested in your net worth, whether it be positive or negative. All they are interested in is whether you have a sufficient amount of taxable income to support your immigrant spouse. If you have $40,000 of total taxable income and a household size of two, that is a sufficient amount of money to sponsor your wife.

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Answered

A: You can sponsor your spouse, but the process will depend on several factors. The U.S. Citizenship and Immigration Services (USCIS) requires that the sponsor meet certain income thresholds to ensure they can support their spouse financially. Typically, the sponsor must prove they earn at least 125% of the federal poverty guidelines for their household size.

Given your annual income of $40,000, you likely fall short of meeting this requirement on your own. However, if you have a joint sponsor who earns $60,000 per year, they may be able to help meet the income requirement. The joint sponsor's income, combined with yours, could make your case more likely to succeed.

However, your civil judgment debt may be a complicating factor. While it doesn’t automatically disqualify you from sponsoring, USCIS may take it into account when evaluating your ability to support your spouse. You may need to provide additional documentation or explanations regarding your debt situation. Consulting with an immigration attorney could give you a clearer understanding of how this could affect your application.

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