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Immigration Issues/joint sponsor questions


Thank you so much for your time. I filed an I-130 for my father who lives in Mexico. I became a citizen last year.  I was told I needed to fill out a Affidavit of Support.  My wife and I are short the  $1,000 less than the 125% of the poverty guidelines for our household.  My father-in-law would be willing to be a joint sponsor.  The problem is that he has been retired for many years and did not file income taxes last year.  Would that be a problem and what other paper work would he need to provide?

Dear Tanya:
You may fulfill the requirement by showing monies in your bank accounts and value of properties including, Car, Personal properties, Real-estate, etc; if however, you still fall short then a family member or a friend may join you as the joint sponsor.  

Here, the joint sponsor must fulfill all the requirements of an affidavit of support. Non-filing of taxes would be a problem even though the income level is good enough - he may file the taxes now, though. You may check the requirement on the instruction sheet of Affidavit of Support (form I-864) at USCIS.GOV.  

Also, please note - it is not only the Affidavit of Support but complete packet (packet 3 and 4) with fee to be submitted to NVC for processing.  

I recommend that you consult and/or hire an immigration attorney to provide on-going support as you may need an expert's and/or professional's help and advise to properly file the case without any problems.  

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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