Legal Question in Immigration Law in New Jersey

Affidavit of support.

Hi There,

I am pulling out my hair trying to get this information from someone who is sure. This is my scenario:

I recently became a citizen. I would like to petition for my mother who came here on a british passport (visa waiver) in 2003. I am an unemployed student but I am married and my husband who was born here meets the I-864 poverty requirements. Do I need to fill one out eventhough I am unemployed and have never been employed in the US? Can he be the sponsor? What form do we need for this?

I keep hearing different things so I am now confused.


Asked on 3/08/09, 2:05 pm

3 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: Affidavit of support.

The petitioner (you) is always required to file an affidavit of support. If the petitioner does not meet the poverty guidelines then there must be a co-sponsor who does, and is a US citizen or green card holder, who is willing to complete a separate affidavit of support. If you have concerns, you should contact an attorney who can assist you with the petition process. I would recommend that you speak with a lawyer to ensure that your mother is eligible for her green card, and understands the process in its entirely prior to filing any application for her.

Note that the content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 3/08/09, 4:41 pm
Anthony Siliato Meyner and Landis LLP

Re: Affidavit of support.

As the petitioner, you are required to file an Affidavit of Support. Your husband may also be a sponsor on an Affidavit of Support.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 3/08/09, 6:58 pm
Anthony Siliato Meyner and Landis LLP

Re: Affidavit of support.

As the petitioner, you are required to file an Affidavit of Support. Your husband may also be a sponsor on an Affidavit of Support.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Read more
Answered on 3/08/09, 6:59 pm


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