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Can I sponsor my wife if first sponsor is no longer available?

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  • Can I sponsor my wife if first sponsor is no longer available?

    My wife entered the u.s through a sponsor a few years back. We got married right after she entered the u.s. I'm a u.s citizen and had a job when we got married. Her sponsor stopped supporting her after we got married since I was financially ok. Currently I became unemployed and filed for state benefits. The state says they will give me and the kids benefits but not my wife(who is a permanent resident) since she came to u.s Through sponsor. The sponsor is no longer available. So my questions are:

    1) if I'm currently unemployed, can I sponsor my wife without another sponsor?

    2) if I become employed, can I then file to sponsor her? And if so and I become unemployed again, can she then recieve state benefits or will she still be disqualified?

  • #2
    Originally posted by jerzstyle00 View Post
    My wife entered the u.s through a sponsor a few years back. We got married right after she entered the u.s. I'm a u.s citizen and had a job when we got married. Her sponsor stopped supporting her after we got married since I was financially ok. Currently I became unemployed and filed for state benefits. The state says they will give me and the kids benefits but not my wife(who is a permanent resident) since she came to u.s Through sponsor. The sponsor is no longer available. So my questions are:

    1) if I'm currently unemployed, can I sponsor my wife without another sponsor?

    2) if I become employed, can I then file to sponsor her? And if so and I become unemployed again, can she then recieve state benefits or will she still be disqualified?
    Your explanation is extremely confusing. I have no idea what "sponsor" you're talking about here. A family member? A previous husband? No idea. You need to be more clear - if you don't explain your situation clearly, nobody can help you.

    Having said that:

    a) if your wife is a lawful permanent resident - she doesn't need any sponsor to stay in the US. She can stay as long as she wants.

    b) for her to receive Social Security benefits she needs to have worked in the US and accumulated 40 credits. You can earn a maximum of 4 credits per year (many people earn LESS credits). Which means - if she worked continuously and earned the maximum of 4 credits, she should have worked for 10 years - and then she could apply for unemployment benefits.

    If she never worked, or has accumulated less than 40 credits, she doesn't qualify for Social Security benefits - no matter if she's a lawful permanent resident or a citizen. Same applies to you - you probably are eligible because you have accumulated 40 credits already.

    So, in short: her LEGAL PRESENCE isn't at risk (or so it would seem). Her getting benefits - won't happen until she accumulates those forty credits.

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