Can the petitioner use his assets to meet the i-864 requirements of the joint sponsor?

Asked about 1 year ago - Long Beach, CA

my brother in law is jointly sponsoring my immigrating wife because i didn't have sufficient income. but i just found out his income is actually about $700 short of the requirement. can i use cash from my bank account as an asset to cover the remaining amount?

Attorney answers (5)

  1. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . No, as it is not his asset.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Stacy Chiang

    Contributor Level 3

    5

    Lawyers agree

    Answered . When one uses assets to satisfy the household income requirement, normally the value of the assets needs to be 5 times the difference between his/her actual household income and the required amount under poverty guidelines for his/her household size. In your case, your brother would need to have $3500 more in his bank account, not yours. So you may need to gift $3500 to your brother. I suggest you speak to an experienced attorney in filling out your From I-864.

  3. Stephen D. Berman

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Alexus Paul Sham

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Generally speaking yes. It is always best to consult an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  5. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . Sure, if you want to make a $3,500 GIFT (5 times the shortfall) .. he can show it as an asset.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,407 answers this week

3,193 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,407 answers this week

3,193 attorneys answering