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

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. Yes.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  2. 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 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.

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

    Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

  4. 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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  5. 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.

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