More details to this question:
I filed an I-130 on behalf of my husband and paid the affidavit of support fee. My concern is that I'm on welfare, a single mom of two (whom he is not the father of) a full-time college student who lives with her mom who's on Section 8. I need him to come here in order to help me out until I graduate (in a year and a half as a Nurse hopefully) My dad makes over 40k a year and he has a cousin who owns a heavy duty freight liner who does not have any dependents who are both willing to file an affidavit of support on his behalf. Will we be okay? By the way I am also 8 years older than he is (I'm 29 and he will be turning 21 in a couple of months).
9 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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I-130 does not require proving he will not be a public charge but at the next stage you will need to get a co-sponsor such as your Dad. As long as it is a good faith relationship the age difference won't matter - just be sure to keep lots of documentation of your ongoing relationship while you are waiting for him to come here.
Answered on Oct 10th, 2011 at 12:45 PM
You can have someone co-sponsor on the affidavit of support and you should be ok.
Answered on Oct 10th, 2011 at 11:25 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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As long as he gets the affidavit of support, he should be okay. The issue is whether he will be a public charge, not you. If he has a job lined up, it will help.
Answered on Oct 07th, 2011 at 1:29 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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You will need a co-sponsor.
Answered on Oct 07th, 2011 at 11:23 AM
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You can find a joint sponsor to file I-864. The fact you are on welfare should not be an issue as long as there is joint sponsor who meets the above 125% poverty line based on the number of dependents.
Answered on Oct 07th, 2011 at 11:11 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You can use a joint sponsor to meet the financial requirements on an I-130. This person must be a USC or a green card holder. Remember that your husband will need to show he will not become a public charge: ie go on welfare, etc so he needs to be careful about that given that you are currently on welfare! Google the affidavit of support poverty guidelines. There will be a chart. Look at the 125% portion. Your father needs to add himself, any dependents as reported on his taxes and your husband to determine if he can be the joint sponsor.
Answered on Oct 07th, 2011 at 10:15 AM
Your husband will be OK if your dad is a US citizen or permanent resident and signs an additional affidavit of support.
Answered on Oct 07th, 2011 at 2:39 AM
In general, any U.S. Citizen or Lawful Permanent Resident with sufficient income may execute an Affidavit of Support and serve as a co-sponsor in a marriage-based application to become a Permanent Resident (to get a "Green Card"). The fact that a woman has married a man who is 8 years younger than she is should not present any legal complications, although obviously it will be important to assure that you supply ample persuasive documentary evidence of the bona fide nature of the marriage.
Answered on Oct 07th, 2011 at 2:02 AM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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You will need to find a cosponsor who meets the income requirements. Because of the age difference you will also have to provide evidence the marriage is bona fide. It would be advantageous for you to put together the money (ask a friend or family member for help) and hire an immigration attorney to make sure your application goes smoothly.
Answered on Oct 07th, 2011 at 1:47 AM