Should my new Mexican wife have any issue getting a green card?

[CantResistAMexicana]

My Mexican girlfriend came on a legitimate tourist visa a couple of years ago. She remained here and her visa has expired. We were married last month. Also, I'm currently unemployed and living with my mother and have no income. Incidentally, I am my elderly mother's primary caregiver and she has various medical issues along with dementia, in case you were wondering.

I understand I will need to submit an I-485 form. Should we anticipate any problem(s) getting a green card for my wife? Thanks in advance.

[S_R_E]

My Mexican girlfriend came on a legitimate tourist visa a couple of years ago. She remained here and her visa has expired. We were married last month. Also, I'm currently unemployed and living with my mother and have no income. Incidentally, I am my elderly mother's primary caregiver and she has various medical issues along with dementia, in case you were wondering.

I understand I will need to submit an I-485 form. Should we anticipate any problem(s) getting a green card for my wife? Thanks in advance.

If you are your mothers primary caregiver and she is eligible for medicaid, depending on which state you live in you may be able to be paid to take care of her. In California, the name of the program is IHSS (In Home Supportive Services).

You will need to be able to show the ability to financially support your wife (you can have a co-sponsor to satisfy this requirement)

https://www.uscis.gov/i-864

There are also additional forms you will need to file (I-130, I-485 etc...) along with paying for the filing fees

[CantResistAMexicana]

If you are your mothers primary caregiver and she is eligible for medicaid, depending on which state you live in you may be able to be paid to take care of her. In California, the name of the program is IHSS (In Home Supportive Services).

You will need to be able to show the ability to financially support your wife (you can have a co-sponsor to satisfy this requirement)

https://www.uscis.gov/i-864

There are also additional forms you will need to file (I-130, I-485 etc...) along with paying for the filing fees

Thank you. So without income, they could deny her residency? Would they then seek for her to be deported?

[newacct]

My Mexican girlfriend came on a legitimate tourist visa a couple of years ago. She remained here and her visa has expired. We were married last month. Also, I'm currently unemployed and living with my mother and have no income. Incidentally, I am my elderly mother's primary caregiver and she has various medical issues along with dementia, in case you were wondering.

I understand I will need to submit an I-485 form. Should we anticipate any problem(s) getting a green card for my wife? Thanks in advance.

Assuming you are able to satisfy the Affidavit of Support requirements, from what you've said so far, she should have no problems getting a green card.

If your own household income is insufficient for the Affidavit of Support, you need to find a joint sponsor who will also fill out an Affidavit of Support.

[newacct]

Thank you. So without income, they could deny her residency? Would they then seek for her to be deported?

If you fill out your I-864 Affidavit of Support and your answer to the current household income question is obviously below the required level, you wouldn't even submit the application; you would wait until you have found a joint sponsor whose household income is sufficient first.

If you fill out your I-864 and your current household income is barely enough, and you want to try it, and they decide that it's not enough, they will issue her an RFE (request for evidence) asking for an I-864 from a joint sponsor, so in that case you should probably have a potential joint sponsor lined up.

If I-485 is denied, they could put her into removal proceedings.

[CantResistAMexicana]

Thank you!