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I am trying to help a Waiter at a restaurant where I go for Lunch/Dinner regularly. Here are is details. Need some guidance with his Family Immigration please...particularly form I-864W. 1. He is a naturalized US citizen. Has been working in the US with contribution to Social Security since 1994. He has the necessary records from Social Security Administration. 2. His income is below the Poverty line. He has records of Federal Tax filings. 3. His Wife and 2 kids are in Bangladesh. He has all marriage records. His son was born in March 2001 and daughter was born in April 2004. Since he has already contributed to Social Security for more than 40 quarters, it seems he surely can file I-864W for his Wife. Question I have is, can he also file I-864W for the kids? Will he have to file 3 separate I-864W or just one since both his kids are minors?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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The I-864W is not for the petitioning US citizen or permanent resident, but for those who are applying for permanent residence and can show that they have worked for 10 years in this country. In such case, they are not required to have an I-864 affidavit of support from a petitioner. However, they must be able to show that they will be able to maintain themselves at the poverty guideline level of 100%, and not necessarily the125% required of other petitioners to support intending immigrants.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 Nov 24th, 2013 at 6:38 PM