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ravina · Jan 11, 2011, 01:18 PM

I am US citizen. Currently unemployed but will starting full job in Two week. I need to apply for green card of my husband. My husband is currently living in U.S and has valid H1 visa. Do I need to have an income to apply for my spouse's green card?

smoothy · Jan 11, 2011, 01:24 PM

Typically yes... as I remember when I did my wife's... I was legally her sponsor and had to prove the ability to fully support her during the entire green card period... from a gainfull employment.

And you are assuming you can simply change an H-1 for green card... which I believe you are going to be in a shock when you find out its not that simple.

Because the Green card is a path to citizenchip and an H-1 isn't. Married or not... its far from automatic, or even guaranteed.

NYcityboy · Jan 11, 2011, 02:54 PM

You do need to fill out the I-864 affidavit of support as you are the petitioning relative.

Check the I-864P for the income level for your family size. If you don't have the qualifying income, then you can have your spouse fill out the I-864A, contract with household member to allow your husband's income to meet the minimum household income required for the petition.

As your husband is an H-1B, and being paid the prevailing wage, you should be able to qualify easily. If not, look to the "asset test" or find a "joint sponsor".

So, you have three options to comply. Congratulations and good luck.