Can an unemployed petitioner file a marriage petition?

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Yes. There is no USCIS requirement that the petitioner be employed in order to file a marriage petition. However, in order for the USCIS to issue permanent residence, evidence must be presented that the petitioner is able to financially support a foreign spouse. If the petitioner 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.