Can a relative be a co-sponsor in applying for I-129 and I-601 Hardship Waiver ?

Asked over 1 year ago - Hayward, CA

Me and my fiancee will apply for I-129F and I-601 Hardship Waiver .My fiancee is a female US senior citizen relying only on her SSS benefit from her deceased husband,as a widow.I am here presently in the Philippines.Me and my fiancee lived together for 10 yrs. that I overstayed there undocumented until I left voluntarily last Sept. 17,2011.It's quite hard to find a non-relative co-sponsor for us .So can any lawyer find out and tell us if we can be allowed to have a direct relative as a co-sponsor or not,in filing the application before we get started and pay our lawyer? Thank you.

Attorney answers (3)

  1. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

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    Answered . Yes you may have a " direct relative" cosponsor.

    However, the cosponsor must still be able to maintain an income that is at or above 125% of the poverty level. this "could" be a problem if that person is on social security.

    Do consult with an experienced immigration attorney for guidance.

  2. Theodore John Murphy

    Pro

    Contributor Level 20

    7

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    Answered . The only relative that satisfies the requirements for the 601 waiver is permanent resident or US citizen spouse or parent. And yes a relative can be the sponsor on the 129 - your fiancé should be that sponsor though.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  3. Mary Carmen Remigio Madrid-Crost

    Contributor Level 18

    7

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    Answered . I agree with my colleague that the waiver can only be based on a US citizen or lawful permanent resident spouse or parent. Unless you have a US citizen or permanent resident parent, the fiancee visa route is not the way to go. This should be taken into consideration first before the issue of spsonsorship. There are other considerations here that merit a private consultation with a llawyer - by phone, skype, or e-mail. An important consideration too for Filipinos is whether you were previously married in the Philippines (remember, there is no divorce in the Philipines and it would be necessary to go through the process of annulment before you could be petitioned as a spouse).

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street,... more

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