Visa for the spouse of a U.S. Citizen

The foreign spouse  of a U.S. citizens can generally work in and/or immigrate to the United States if the American spouse or a U.S. “sponsor” has sufficient income to show that the foreign spouse will not become a public charge.

Dear Mr. Brown,

During out telephone conversation today, I believe that you stated that:

– you are US and Italian citizen who has been living in France for a number of years with income of perhaps € 18,000,

– you did not know that you needed to file 1040’s US tax turns (omission that can be presumably cured without penalty or an additional tax burden), and

– in 18 months you would like to be able to move back to the US with your soon-to-be wife, an Italian citizen with a degree in graphic design.

As I mentioned to you, for your wife to obtain an authorization to immigrate to US, numerous and complex documents must be filed.

If you decide to seek my assistance with the “paper chase” and the filings, it would be important to first determine if we could make a credible showing that your wife would not become a public charge in the US, since such showing is a precondition to a successful filing.

Since you do not have US income or employment or substantial assets, the work-around would be for a person with1040s and a reasonable income to agree to guarantee to the USCIS that your wife would not become a public charge.

Would your mother in New York City consider providing such a guarantee? If she would be prepared to consider that option, I would need to see at least the first 2 pages of her 1040’s for the last three tax years to determine I the income level appears to be sufficient.

Naturally, at a later time, I could send you the official form of guarantee for review.

I hope that the above will be helpful.


Jonathon Wise Polier
Avocat aux Barreaux de Paris et de New York
Attorney-at-Law (Paris & New York)