Legal Question in Immigration Law in California

Hi,

I am a US permanent resident and petitioning my wife from another country to the U.S. I plan to ask my friend to joint with me in the affidavit of Support because I don't have enough income as required. Does my friend need to present the evidence that he has money in the bank or just his W-2s for 3 consecutive years?

Thanks!


Asked on 6/02/10, 12:01 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

If you are a permanent resident only now filing the I-130 petition, the affidavit of support will be required in a few years, when a priority date is current.

If it's current now, you will submit your own Affidavit of support, and a joint sponsor will submit his own Affidavit of support. Any sponsor will need to submit a proof that he is a US citizen or permanent resident, domiciled in USA, and submit the most recent tax return with W2 forms. For any sponsor, his family members and dependents will count as dependent for the purpose of the affidavit. A sponsor may use his bank account or savings if his income is not sufficient. Rules applying to other assets are different from general federal poverty guidelines.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com .

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Answered on 6/02/10, 3:48 pm
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

There is no need to provide documents evidencing that your friend has money. All your friend needs to provide is his tax returns and W2s for the last three years, provided that these documents establish that he meets the requirements of the federal poverty guidelines.

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Answered on 6/03/10, 3:08 pm


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