Legal Question in Immigration Law in New Jersey

Is it advisable for me and my fiancee to file for our parents from different countries at the same time . He is a US citizen and will file for his mom this year and we are hoping to get married next year but I am a citizen next year and will file for my dad that same year. Will it work against us or for us since we will be combining income


Asked on 3/17/14, 7:22 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The affidavit of support permits you to use either just your income, as the petitioner, or your joint income, as long as your spouse files a co-sponsor affidavit, Thus, if you both make enough money individually, you should be okay.

Keep in mind that the affidavit will count, towards the poverty guideline, you, your dependents, your relative being petitioned AND your spouse. So, if your income is a little low, then you might want to petition your parents before you get married, so that your spouse is not factored into the equation. (For example, the poverty guideline for 2 people is about $20K, while for 3, it's about $25K).

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Answered on 3/19/14, 1:02 pm


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