Legal Question in Immigration Law in Michigan
Question about immigration...
Hi I'm planning on getting married and applying for my adjustment of status soon. I entered the country with a tourist visa in '99. But my fiancee is under 21 (19) and I keep hearing that because of his age he will need his parents' tax returns for the immigration once we apply. Is this at all true? How does that work?
Please give some advice. Thank you.
2 Answers from Attorneys
Re: Question about immigration...
Under the U.S. Immigration laws, the tax returns of your fiancee's parents may be required for the Affidavit of Support. For marriage-based adjustments of status, the Affidavit of Support is generally required by the petitioner (your fiancee).
However, if his income is not enough he may need to find a co-sponsor to satisfy the minimum poverty guidelines that are set by the U.S. Citizenship & Immigration Services.
As always I would suggest you consult a attorney because what you write in a one sentence posting never completely tells the story and that might change the diagnosis. Feel free to contact either myself or my partner, visit us at www.garmokiste.com, as we offer a free consultation, and would be glad to represent you in this matter or any other matter you might have.
Re: Question about immigration...
If your boyfriend is over 18 years of age, and has been employed, and paid taxes on his own, he does not need his parents' income taxes IF he makes enough money to support the two of you. So, if he makes the required amount on the Poverty Guidelines for 2 adults, you do not need his parents as "joint" sponsors.
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