Concerning poverty guidelines and the i-864 affidavit of support

Asked over 1 year ago - New Orleans, LA

I am a US citizen who is a stay-at-home mom. My immigrant husband is a visa overstay case, who is our sole financial provider. Our household included 2 children, for a total of 4 members. We're working on getting a green card, but have had trouble finding a co-sponsor for him, but have recently had a friend agree to help us. She has a household size of 3. Question: Is it correct that I am the primary petitioner even though I have no income? (family based) Would that make our family friend a secondary petitioner even though its HER income we'll be using on the i-864? So how many people does SHE have to consider to meet poverty guidelines? Our 4 + her 3? Or just her 3 + my immigrant husband? Or us 4 + herself? Please help! I haven't been able to find clear answers on this. Thanks

Attorney answers (3)

  1. Obadan Unuigbojie Iziokhai

    Contributor Level 16

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    Best Answer
    chosen by asker

    Answered . 1. Yes you are the primary sponsor because you are your husband's petitioner.
    2. Your friend is a joint sponsor.
    3. 4, which means her household of 3 plus your husband.

  2. Katie D.T. Sanders

    Contributor Level 12

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    Answered . I agree with my colleagues. You are the primary sponsor and your friend is the co-sponsor. She will count the members of her household plus your husband. which means that you must complete and I-864 even if you are not employed and do not have any income. Your friend will complete a separate I-864 and provide all required supporting documents. It may be adviseable to get the assistance on an experienced immigration attorney to ensure that your case is properly documented. Best wishes.

  3. Justin Eric Elder

    Pro

    Contributor Level 16

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    Answered . I agree with Mr. Iziokhai. Your friend will count her 3-member family plus your husband.

    All the best!

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client... more

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