I am an international student and married with a U.S. citizen .I am going to apply for adjustment of status. Since my wife is not working she can't file "affidavit of financial support."
My question is that " can my brother(who is a permanent resident) file affidavit of financial support? And does he need to fill out i-864 ? or is there another form for siblings ?
Thanks for your help.
Your wife will need to file a affidavit of support because she is your sponsor. Although she is not working, she might might meet the income guidelines based on her assets (real estate, savings account, stocks, etc.)
If she still does not meet the income guidelines based on her assets, your brother can file an affidavit of support as a joint sponsor. There are specific rules as to how to count the number of dependents.
You should consult an attorney re: this situation.
Christy Han Mohan, A Law Corporation
19800 MacArthur Blvd., Suite 1000, Irvine, CA 92612
Phone: 949.222.5900 | Fax: 888.488.6431
Even though your wife does not make enough money, as your sponsor she is still required to file Form I-864. Your brother can be the joint sponsor. Form is the same (unless he resides in the same household, then its I-864A). You should consider working with an experienced attorney to make sure things are properly done.
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