QUESTION
Can I be Sponsored by someone other than the petitioner in form I-864??
Asked on Dec 17th, 2020 on Immigration - California
More details to this question:
Hello, and thank you for taking the time to respond to my question! I am on a F-1 Visa. I got married to a US citizen and would like to apply for adjustment of status to get a work permit and green card. My spouse (I am guessing HAS to be the petitioner) is only working part-time and does not meet the minimum requirement to be able to sponsor me financially. My mother in law is able to financially sponsor me, so how to go about this situation? Should we fill out the form I-864 in my mother in law's name and mark "I am the only joint sponsor"? Since my spouse does not meet the requirements financially, do we need to mention it? or simply filing a form in the name of a qualified sponsor is sufficient? Also, I am currently working, but my work authorization is going to expire soon, however I meet the requirement to financially sponsor myself, but I read that I can not do that, would it help the case if I add my pay stubs, as well? Thank you.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The petitioner, your spouse, must submit an I-864. Your mother-in-law can fill out the I-864A. When USCIS sees both documents, the adjudicating officer will note that you are relying on a combination of the income and assets of both your spouse and your mother-in-law. If your employment authorization will be extended, there is a possibility that your employment situation may help with your financial support. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 13th, 2021 at 11:03 AM