FAQs

Can a foreign spouse file a permanent residence application if their spouse is unemployed?

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Yes. There is no USCIS requirement that the foreign spouse’s U.S. citizen spouse be employed in order to file a permanent residence. However, in order for the USCIS to issue permanent residence, evidence must be presented that the U.S. citizen spouse is able to financially support a foreign spouse. If the U.S. citizen spouse is unemployed at the time of the USCIS interview, a co-sponsor (a person other than the petitioner) may present evidence demonstrating their ability to financially support the foreign spouse.