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Can I sponsor my brother for immigration

Norristown, PA |

My mother filed I-130 for my brother who lived overseas. she is a US citizen and has no income and on medcaid, I want to become the joint sponsor for him since I am working and I am single. I don't live with her at same address. (1) Am I still be able to sponsor my brother without being at same physical address as my mother? (2) if yes, should he be considered as member of my household not my mom's ( are we 2 for 125% poverty line or 3 including my mom) ? (3) how my checking account counts toward my eligibility? ( i have 30K for recent year income, 17K for 2nd recent and 5.5K for 3rd recent and 10K in my account).
Thanks!

Attorney Answers 4


  1. Best answer

    Hello,

    Yes, you can be a joint sponsor for your brother, assuming you are a U.S. citizen or lawful permanent resident. However, since you don't live with your mother, you will need to meet the income requirements separately and file a separate affidavit of support, not the I-864A form.

    Your mother as the petitioner must file an I-864, too. Each of you should count your brother as the "sponsored immigrant" on the I-864, but if you do not live together, then neither you nor your mother should count each other as a household member unless one of you claims the other as a dependent on your tax return.

    As you are discovering, the instructions involving the affidavit of support are complex. Errors can delay the processing of the case, and even result in denial of the visa petition on public charge grounds in some circumstances. Thus, I would encourage you to consult with an experienced immigration attorney about the affidavit of support documentation requirements if at all possible. For assistance locating experienced immigration attorneys, you can look here on Avvo, at www.aila.org or www.immigrationlawhelp.org.

    Best wishes,
    Jennifer

    Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not constitute legal advice or create an attorney/client relationship.


  2. If you are a green card holder or a US citizen then yes, you can co-sponsor your brother. Earning 30K a year puts you in a good position to sponsor him. Good luck.

    This information is intended as general information only. This communication does not establish an attorney-client relationship between me and the asker.


  3. If you age at least a green card holder and meet the income requirements, then yes.

    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.


  4. You are probably worried about the form I-864 (affidavit of support). Yes, you can be a joint sponsor. Talk to a good lawyer in your area about this. Listen to our law shows at http://attorneyonair.com - you might be able to call and get your answer.

    Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887

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