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AV Preeminent Peer Rated Attorneys
Pinecliffe Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Pinecliffe Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Should I wait until I get a job before bringing my spouse to the US?

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Answered by attorney Lana Vladimirovna Kurilova Rich (Unclaimed Profile)
Immigration lawyer at Lana Kurilova Rich PLLC
You can apply now, but when they do request an affidavit of support, they will also advise you in writing that you have one year to respond, and if you do not, they will consider your petition abandoned. Of course, you do not want to wait this long, so perhaps you have a family member or a friend who would be willing and able to become a joint sponsor. That person must be a US citizen or permanent resident and must have sufficient income to cover his/her family plus your wife.
You can apply now, but when they do request an affidavit of support, they will also advise you in writing that you have one year to respond, and if you do not, they will consider your petition abandoned. Of course, you do not want to wait this long, so perhaps you have a family member or a friend who would be willing and able to become a joint sponsor. That person must be a US citizen or permanent resident and must have sufficient income to cover his/her family plus your wife.
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Got an RFE for H4 to H1 conversion, Risk of missing the deadline

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
Your husband’s employer can give verification in the form of a letter to U.S.C.I.S. that his H-1B extension petition for your husband was sent out on a timely basis along with your H-4 extension request. The employer can further provide a copy of the paperwork along with proof of delivery to U.S.C.I.S. Then it will be incumbent upon U.S.C.I.S. to search its own records for your H-4 extension filing. U.S.C.I.S. generally does not give grace periods past the last date on responding to a request for evidence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Your husband’s employer can give verification in the form of a letter to U.S.C.I.S. that his H-1B extension petition for your husband was sent out on a timely basis along with your H-4 extension request. The employer can further provide a copy of the paperwork along with proof of delivery to U.S.C.I.S. Then it will be incumbent upon U.S.C.I.S. to search its own records for your H-4 extension filing. U.S.C.I.S. generally does not give grace periods past the last date on responding to a request for evidence. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
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Should I wait until I get a job before bringing my spouse to the US?

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Answered by attorney Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)
Immigration lawyer at Havens Lichtenberg PLLC
One of the requirements is that you prove that your wife will not become a public charge in the U.S. It means that you have to show that you earn enough money to support yourself and your wife (for this year, if you don't have children or other dependents, the minimum amount you have to earn is $19387 a year; from January 1, 2014, it will be about $500 more). If you do not work, someone else who is a U.S. citizen or permanent resident and earns enough to support himself, his family, and your wife. If you file the petition but will not be able to provide affidavits of support when requested, you will lose the case, the filing fee, and time. Either get a job, or find a co-sponsor for your wife then file the petition.
One of the requirements is that you prove that your wife will not become a public charge in the U.S. It means that you have to show that you earn enough money to support yourself and your wife (for this year, if you don't have children or other dependents, the minimum amount you have to earn is $19387 a year; from January 1, 2014, it will be about $500 more). If you do not work, someone else who is a U.S. citizen or permanent resident and earns enough to support himself, his family, and your wife. If you file the petition but will not be able to provide affidavits of support when requested, you will lose the case, the filing fee, and time. Either get a job, or find a co-sponsor for your wife then file the petition.
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