My spouse is a US citizen and we are doing concurrent filing for our green card case. I am on H-1B but my spouse just started working and doesn't meet the criteria for financial support. Can my brother who got his green card few months back and has good employment offer to be joint sponsor along with my spouse? If yes do we need to file the Affidavit of Support along with our concurrent filing or we can do that later point in time?
In a marriage-based adjustment of status application, generally if the U.S. citizen spouse does not have sufficient documentable income to meet the Affidavit of Support requirements then it is necessary to have a joint sponsor, and that joint sponsor may be any U.S. citizen or Permanent Resident (including the brother of the beneficiary) who has sufficient documentable income and who is willing to assume the obligations contemplated in the Affidavit of Support. Both Affidavits of Support should be filed as supporting documents with the Adjustment of Status application. This is just one of the issues that can be significantly more complex than it appears just from reading the immigration forms, the USCIS website and the immigration regulations. It would be wise for you and your spouse to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
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