I'm 22 yrs old and in the process of fixing my parent's immigration status. We talked to a lawyer & we were told I have to make over 22,000 a year in order to sponsor them. My boyfriend & I were thinking of getting married, combine our incomes together and see if we can fix their status. Will I still be able to fix their papers being married or will I have to sponsor them single?
You can sponsor them when you are married. Since you are petitioning for parents, if they did not enter the US legally, they might not be able to get their green card in the US and if they leave they might be subject
To a bar without a relative that will qualify them for a waiver. You should consult with an immigration attorney.
This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
More information is needed in regards to your parents - whether they are now in the US or outside the US. But whether you marry or not will not impact your ability to file for your parents. The affidavit of support issue will need to be reviewed to give you a clear answer, but in short yes, a married couples income can be used.
If I can be of further assistance please let me know.
Guess what, you can have your cake and eat it too (an American expression).
Think of get your parents' green cards as two separate tasks:
1. First as their U.S. citizen child over 21 years old you can file and immediate relative petition for each of them (yes, 2 separate I-130 petitions and 2 separate filing fees). If they are abroad (and have never live illegal in the U.S. for more than 179 days) or if they legally came to the U.S. (for example, on a B-2 tourist visa), even if they overstayed (e.g.: they should have left 20 years ago but didnt but never left and came back again) then they can adjust status in the U.S. If they came "illegally" (ex.: entry without inspection) or stayed here more than 180 days after they were suppose to go AND LEFT THE U.S. you should retain a lawyer because they need a waiver - which is complicated and you probably need a lawyer to file d a properly documented waiver applicaiton.
2. The Affidavit of Support Requirement. You, as their petitioner must file an Affidavit of Support (form I-864) no matter what. However, if you don't have the required income (about $22, 000 on your tax return - I could be wrong about that amount because I'm not in my office and I'm too lazy to get the correct number!) then any one who is a U.S. citizen or lawful permanent resident (green card holder) living in the U.S. who has the necessary income can be a co-sponsor. This can be your girlfriend (you don't even have to marry her!) your best friend, me or a total stranger nice enough to complete the affidavit of support form (and by the way - Mr. Total Stranger, you are promising to reimburse the government for the andy cash benefits (e.g.: welfare, etc.) that the "beneficiaries" (mom and dad) might recieve in th next 5 years. But who knows, may be your a really nice guy!!!
So, no need to get married, your U.S. citizen/LPR girl/boy friend can file the Affidavit of Support for you parents if she has the necessary income (or just one of them if she doesnt have enough for both). At age 22 your too young to get married anyway. In fact, I would see if you could get a "rich uncle" or some other distant relative who qualifies to do it - life is tough enough without asking girl/boy friends to do favors for your parents!
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