Mario Godoy - Owner/Attorney

Can I Still Sponsor My Spouse If I Lost My Job?

Bringing your spouse to the United States through marriage is a big and exciting step. But what happens if you lose your job after starting the process? Can you still sponsor your spouse for a Green Card?

The answer is: Yes — in many cases you can still continue, but there are some important things you need to know first.

This blog explains how sponsorship works, what rules you must follow, and what to do if your income changes. We also include tips and answers to common questions so you can feel prepared and confident.

What Is Sponsoring a Spouse?

When a U.S. citizen or lawful permanent resident files a petition for their spouse to get a Green Card, they must also show they can support their spouse financially. This is done with a form called the Affidavit of Support (Form I-864).

By signing this form, you promise to support your spouse so they do not become dependent on public benefits from the government. It is a legally binding contract and remains in effect until your spouse:

Becomes a U.S. citizen,
Works for 40 quarters (about 10 years),
Leaves the U.S. permanently, or
Dies.

What Happens If You Lose Your Job?

Losing your job does not automatically stop your spouse’s Green Card process.

That’s because USCIS reviews the income and financial support you showed at the time you filed the Affidavit of Support. As long as your sponsor (you) showed that you met the income requirements when you filed, a later job loss usually does not cancel the petition.

However, losing your job could matter if USCIS:

Requests updated financial documents later in the process (for example, before an interview), or
Send a Request for Evidence (RFE) asking for proof that you still meet the income requirement.

In those situations, you will need to show that you can still support your spouse — even if you are currently unemployed.

What Are the Income Rules for Sponsorship?

To sponsor your spouse, your household income must be at least 125% of the federal poverty level for your household size.

Your income can come from:

Wages or salary,
Self-employment earnings,
Retirement or disability benefits.

If your income is not enough, you have options.

What You Can Do If You Lose Your Job

Here are several ways to strengthen your sponsorship if your income drops:

1. Use Assets

You can use savings, property, stocks, or other assets to make up for the income shortfall. The value of your assets may count toward the income requirement.

2. Count Household Members

If someone in your household is related to you and satisfies the requirements, you may include their income by having them fill out Form I-864A.

3. Find a Joint Sponsor

A joint sponsor is someone who is willing to accept financial responsibility and meets the income rules on their own. This person does not have to be related to you or your spouse. Again, they must complete a separate Form I-864.

Having a joint sponsor can help you meet the income requirement even if you lost your job.

👉 Call us today at 630-345-4164 to schedule a consultation and get personalized legal guidance.

What USCIS Looks At During Sponsorship

USCIS may review:

Your tax returns,
Pay stubs,
Bank account statements,
Asset documents,
Other proof of income.

If USCIS suspects that your ability to support your spouse has changed significantly, they may request updated evidence. This is why it is important to keep good financial records and respond promptly to requests from USCIS.

FAQs

Q1. Can I still sponsor my spouse if I don’t have a job right now?
Yes. USCIS looks at whether you met the income requirement when you filed and whether you can still show that you can support your spouse using income, assets, or a joint sponsor.

Q2. What if USCIS asks for updated income proof after I lose my job?
If USCIS sends a Request for Evidence (RFE), you can respond with proof of assets, household income, or a joint sponsor to meet the requirement.

Q3. Do I need to file a new Affidavit of Support after I lose my job?
Not automatically. But if you are asked for updated evidence or a joint sponsor, you may need updated paperwork or the help of another sponsor.

Losing your job should not stop your immigration journey — but it can make things more complicated. At Godoy Law Office Immigration Lawyers, we help you understand your options and meet the financial requirements so you can continue your spouse’s Green Card process.