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.
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.
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
5 lawyers agree
Yes your brother can be a joint sponsor on the affidavit of support. Your wife will still need to fill out the I-864. You should contact an immigration attorney to help you with this process.
Gabriela M. Lopez, Esq.
Both the petitioner and the co-sponsor must file an I-864
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Your wife, as the petitioner, must file an affidavit of support even if she does not meet the income or asset requirements. Your brother can file as a joint sponsor.
Samuel Ouya Maina, Esq. 415.391.6612 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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
This is not legal advice, no guarantees/warranties have been made, and no attorney/client relationship has been formed.