Have I filed income tax for ten years or otherwise have 40 credits shown on my social security statement?
If you have already earned, or can be credited with 40 quarters of coverage pursuant to the Social Security Administration's regulations. You are exempted from the Affidavit of Support requirement entirely. Review your social security statement, it is that simple.
Can I count my own income even though I am the intending immigrant?
Yes, but ...
If the sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the sponsor may also count the intending immigrant's income if (1)(a) the intending immigrant is either the sponsor's spouse or (b) has the same principal residence as the sponsor, and (2) the preponderance of the evidence shows that the intending immigrant's income results from the intending immigrant's lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun does not count toward meeting this requirement.
Can I count my house as assets?
Yes, you need it worth much more, though. In order to qualify using assets, the total net value of all assets must generally equal at least five times the difference between the sponsor's total household income and the minimum income requirement for the current year.
Employment-based application is generally exempted from Affidavit of Support except ---
Employment based immigrants if the petitioning employer is a relative of the alien, and is a U.S. citizen or Lawful Permanent Resident; and Employment based immigrants if a relative of the alien has a significant ownership interest (5% or more) in the for-profit petitioning entity, and is a U.S. citizen or a Lawful Permanent Resident.
For employment based cases, an Affidavit of Support is required only if the intending immigrant will work for a relative who is eligible to file a Form I-130 on behalf of the intending. Therefore, for purposes of the Affidavit of Support, a relative is defined as (1) a U.S. citizen or LPR who is the intending immigrant's spouse, parent, child, adult son or daughter, or (2) a U.S. citizen who is the intending immigrant's brother or sister.
Can a Green Card holder, not a citizen, be my joint sponsor?
Yes. A sponsor who completes Form I-864 must be all of the following:
o The petitioning relative or the relative who has a significant ownership interest in the petitioning entity;
o An individual (a sponsor cannot be a corporation, organization, or other entity);
o A citizen of the United States or a permanent resident (including conditional residents);
o At least 18 years of age;
o Domiciled in the United States, the District of Columbia, or any territory or possession of the United States.
o Able to demonstrate the means to maintain an income of at least 125% of the Federal Poverty Guidelines for the sponsor's household size, including the immigrants being sponsored or previously sponsored. A sponsor on active duty in the U.S. Armed Forces, other than active duty for training, who is petitioning for a spouse or child must only demonstrate the means to maintain an income equal to at least 100% of the Federal Poverty Guidelines.
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