Brooklyn, NY asked in Immigration Law for New York

Q: I’ve submitted my green card application and after it was accepted I received a letter asking for additional docs.

My wife is petitioning for me but she’s not my sponsor. My friend is filing an affidavit on my behalf. Am I suppose to submit my wife’s tax returns even though she’s not my sponsor? Her income level doesn’t meet the requirement. Is she also suppose to fill out the I-864 form even though she’s not my sponsor? Is she considered a joint sponsor in that case? Also, my friend who’s income qualifies for sponsorship is working for an American company in Japan. Is that an issue? Her tax returns basically show that she’s tax exempt (foreign income). I know this is a lot of questions. Thank you so so so very much! You’re saving my life right now.

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2 Lawyer Answers
Roger Carl Algase
Roger Carl Algase
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: The best approach is to consult with an experienced immigration lawyer, since the answers to these questions depend on both complex immigration and tax issues. And, yes, a US citizen who is sponsoring a spouse for a green card is required to submit his or her own I-864 affidavit of support, even when there is a "joint sponsor".

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Clifton, NJ

A: Your questions are too complex to be answered here. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. Good luck.

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