I came to US as a student but my status broke and get into immigration proceeding. My case is now approaching 2 years and Iโm still in the country. I recently married a US citizen. My question is, my wife is not working, can my family help her pay fee to file the form I-130 for me?
Yes, anyone who is a US citizen or US permanent resident can act as a sponsor for affidavit of support purposes provided their income and/or assets are sufficient.
If you are in removal proceedings before an immigration judge, the I-864 is not filed concurrently with the I-130. The affidavit of support is not required until the I-130 has been approved. It is filed directly with the immigration judge when you apply for adjustment of status.
If you are currently in removal proceedings in immigration court, your wife can not use the standard procedure to petition for you. A special waiver request is required. I strongly recommend that you have an immigration attorney help you with this. If your wife does not make enough money to sponsor you she will need another sponsor who is a U.S. Citizen or Green Card Holder.
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