Legal Question in Immigration Law in Washington
l'm a british citizen lve know my husband whom is a u.s citizen since feb 2007 l entered the u.s on a k-1 visa on 26th jan 2010 me and my husband were married within the 90 day period..our wedding took place on 1st feb 2010..l filed for an application for LPR and l found out at the uscis that who ever sponsors needs to have made a little over $18 thousand in tax on the W2 for year 2009...l need 2 = 1 sponsor for myself and 1 for my daughter,which made a little over $18 thousand in tax W2 for year 2009 (which is 2 joint sponsors)..or l need 1 sponsor that made alittle over $36 thousand to sponsor both me and my daughter..l just know that it doesnt matter that were married and have a baby on the way,we basically need sponsors to prevent me and my daughter from been deported back to england..the system sucks the stress is to much especially knowing we have a baby on the way..l payed lots in fees while in england to get here and payed lots in fees while here in the u.s...plus l gave everything up before leaving england to come to the u.s...My husband is disabled he is on Social Security and doesnt make federal tax..is there a way around all this? my daughter is settled in school,me and my husband are married and have a baby on the way..knowing that the govt is attempting to rob us of our love and happiness it is truly shameful!
would it be easier for me and my husband to try and live in england? l'm so confused and in desperate need of help
2 Answers from Attorneys
If your household size is 3 people and there are 2 immigrants (yourself and your daughter), the sponsor's income must be above $22,887 (or could be higher number if sponsor is married with children and other dependents). This is always case-specific and depends on a particular sponsor and your household size.
Affidavit of support requirement can't be waived in a marriage-based application. Your husband must be a primary sponsor, even if not employed. A joint sponsor can be used if primary sponsor's income is insufficient.
I suggest, you consult with an immigration lawyer (not a 'notario' or 'specialist', but an attorney).
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. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at Attorney @law-visa-usa.com and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).
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You do not need a sponsor who makes $36,000.00. You can look at Form I-864P on the USCIS website (www.uscis) to determine how much the sponsor or joint sponsor need to have earned. However, your post is not clear. If you currently have a child with your husband, that child may be a US Citizen. Similarly, you do not need a sponsor for your unborn child.
You may wish to consult with an immigration attorney regarding your concerns.
Please note that this answer does not create an attorney/client relationship.
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