I am trying to petition my mother to become a permanent resident, but
1. I currently live overseas, so can I still petition for her?
2. and also I work here (and I didn't file income tax because I don't earn much)
I am afriad that I will have trouble file I-130 and I-864. What should I do???? Please help me!!!!
You will need to get your tax returns current and have a joint sponsor who is a lawful permanent resident or citizen to co sponsor if you do not earn a sufficient income. The joint sponsor would have to earn the required income.
Because you do not currently live in the United States, you may have to have a joint sponsor for the I-864. However, between the two of you, you have to meet the 125% poverty guidelines, either with your income or the regulations regarding using assets toward the line.
My office is experienced in coming up with solutions to these types of problems. Please contact me to set up a phone consultation if you'd like more information.
Under the facts you state, it is almost certain that you will need a co-sponsor for the affidavit of support.
You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.
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.
Aside from needing a joint sponsor for the I-864 issues addressed by my colleagues above, you may also have a problem in terms of domicile, and need to speak to an attorney about the circumstances and intended duration of your stay overseas, including whether you retain access to a home in the U.S., since you have not filed a tax return.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.