QUESTION

Is there any way I can petition them even if I’m not working, my husband has not enough income and were just renting an apartment?

Asked on Nov 06th, 2015 on Immigration - Texas
More details to this question:
I am a US citizen based on 3 years of marriage and I want to file petition for my parents. I just want to ask if I am able to petition my both parents even if I’m not working because I’m taking care of my disabled child. My husband’s income is not enough on income requirements for affidavit of support. Will affect too on living situation for petitioning?
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3 ANSWERS

Immigration Law Attorney serving Atlanta, GA
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An adult U.S. Citizen may sponsor parents to become Lawful Permanent Residents (to get "Green Cards"), even if the adult child is not employed. It will be necessary, however, to supply an Affidavit of Support for each parent, and with insufficient income to meet the requirements, it also will be necessary to supply an Affidavit of Support from a "joint sponsor." The joint sponsor need not be a spouse or other relative, and instead generally may be any U.S. citizen or Permanent Resident with sufficient documentable income and who is willing to assume the responsibilities specified in the Affidavit of Support.
Answered on Nov 18th, 2015 at 4:20 AM

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You do not have to own your home or apartment to sponsor your parents. But you need to be able to support them above the poverty level. Usually, it takes not less than 6 years from the date of immigration into the United States to become a citizen. Until your parents would become citizens, they will have no right to receive public support. It means they will get no welfare, no SSI, no food stamps, no Medicaid, no subsidized housing. The government will not approve your petition unless you file with it an affidavit of support (Form I-864) showing that you have enough income to support yourself, your family, and your parents above the poverty level. Right now, if you have 1 child, you have to show income over $35,512 a year (in March, this amount will go up a few hundred dollars); if you have 2 children, you have to show over $40,712 a year. If you would file a petition for only one of your parents at this time, the income that has to be shown would have to be $5200 less. If your family income is less than these numbers, you need someone who is a citizen or a permanent resident of the U.S., earns enough money to support his/her own family plus 2 more people above the poverty level, and would agree to file an affidavit of support for your parents. This is a serious matter, not "just filing some papers". If you find a sponsor, he/she files an affidavit of support, your parents come to the U.S., and find themselves in need of financial support, their applications for public support will be denied. In some cases, government agencies give the applicants the support they requested - and then charge the sponsor for it. Medicaid bills alone can easily amount to many thousands of dollars. Understanding this, few people will agree to sponsor your parents and take such a huge financial responsibility.
Answered on Nov 18th, 2015 at 4:04 AM

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Business Immigration Attorney serving Houston, TX at Quan Law Group, PLLC
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You can use assets that you own or get a co-sponsor.
Answered on Nov 16th, 2015 at 11:27 PM

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