QUESTION
US citizen wants to apply green card for his wife while both living abroad
Asked on Aug 31st, 2016 on Immigration - Texas
More details to this question:
Hi, I have two question regarding my sister immigration status. She and her husband are living in Iran now, and his husband is a US citizen an wants to apply green card for her. My first question is: 1) Since his husband does not have bank account in US now, can she list me as her financial supporter is her application? (I am living in US on H1b visa) 2) is it required that his husband proves that he intends to live in US? and if its needed how he can support his intention? Thanks very much for your help!
2 ANSWERS
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Unfortunately you cannot be a financial supporter in an immigrant visa case. A cosponsor can either be a permanent resident or US citizen. At the time that the wife will be interviewing at the US Embassy for the green card, the husband will have to prove domicile in the US. Domicile can be shown in a variety of ways, such as possession of a US home, US job offer, US bank accounts, a recent pattern of voting in the US, etc.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 Sep 30th, 2016 at 6:00 PM
1. Your sister may use a joint sponsor to meet the affidavit of support requirements. However, you may not be a joint sponsor. Only a United States citizen or lawful permanent resident may be a joint sponsor.
2. Your brother-in-law will need to establish he intends to domicile in the United States. If he has not intention of living in the U.S. with his wife, your sister will not be issued an immigrant visa.
You can read more about family immigration at http://myattorneyusa.com/family-immigration.
Answered on Sep 01st, 2016 at 3:27 AM