Legal Question in Immigration Law in Massachusetts

Re: I-130 visa

If you do not meet the income requirements as outlined on the poverty guidelines, you will still need to file an affidavit of support, but you will need to explain to the Immigration Service why you haven't filed tax returns. Additionally, you will need a co-sponsor (a person who is either a U.S. Citizen or Legal Permanent Resident, who meets the income requirements and who is willing to sign the affidavit of support). The process of bringing your wife to the USA might be lengthy, but once you file the petition for her, I would suggest trying to file for a K3 visa, so she can come to the USA faster. If you have any questions, feel free to contact me or call my office.

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Re: I-130 visa

You could enlist another household member and/or blood relative, with substantial resources, to co-sign the affidavit with you to help you meet the poverty guidelines. Another form called the I-864A is used to do this. Also, your spouse's income/assets may also be used to alleviate any concerns immigration officials may have, along with a showing of his/her good health and potential for earning an income. Notably, there is no waiver for a finding of inadmissability on public charge grounds, so you should obtain an attorney to present facts most favorable to you. To schedule a consultation, please contact [email protected]