QUESTION

Can a friend or another relative do an affidavit of support for a petition for alien relative?

Asked on Aug 22nd, 2012 on Immigration - Texas
More details to this question:
I am a United States citizen and I am filing for my non-immigrant spouse. If I owe the Internal Revenue Service for child support, can that be a problem in this petition?
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6 ANSWERS

As the petitioner, you would still need to be the primary sponsor even if your income is insufficient. Another person can act as a joint sponsor but that person cannot be the sole sponsor; you still have to be the primary sponsor.
Answered on Aug 29th, 2012 at 11:32 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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Under immigration law it should not be a problem and you would be able to have any LPR or USC living in the U.S. be a joint sponsor.
Answered on Aug 27th, 2012 at 3:25 PM

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You must be mistaken - IRS does not collect child support, state agencies do. If your income is not enough for affidavit of support purposes, you have to file it, anyway, but need someone to become a joint sponsor. Any person who is a U.S. citizen or a lawful permanent resident can become a joint sponsor on your wife's case by filing a second affidavit of support; all that person needs is income that exceeds the guidelines.
Answered on Aug 24th, 2012 at 2:57 PM

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The simple answer is yes as long as this friend and or relative can financially say they can support you in accordance with the guidelines. If you owe child support, that most definitely can be a problem. Please consult an immigration attorney for further guidance and consultation.
Answered on Aug 24th, 2012 at 2:57 PM

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Another relative with legal status is able to co-s-sponsor your beneficiary.
Answered on Aug 24th, 2012 at 2:55 PM

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Anyone who has legal status in the US can be a sponsor. The fact that you owe for child support will not cause a problem but your children will count as dependents for calculating the sufficiency of your income.
Answered on Aug 24th, 2012 at 2:54 PM

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