Q: Hello Looking for information regarding my mom’s immigration application (I-130) which got approved recently.
We are now in the process of submitting the affidavit of support I-864 and financial documents to the NVC before they can schedule her interview at the US embassy in Cairo, Egypt. It would be great if you can answer few questions in that regard.
1-The minimum household income for 2 is stated as 125% of the poverty limit which is 21550 (https://www.uscis.gov/i-864p) However we can’t seem to find the guidelines for a sponsor’s household size of 1.
2-My latest tax return exceeds this amount while including the unemployment benefits I received which amount to more than 50% of my total taxable 2020 income. Would that qualify as meeting the minimum income requirement?
3-How can we include assets that are in Egypt?
4-In case the application gets rejected because of insufficient financial resources, is it possible to re-file again using a joint sponsor?
5-Last, after my mom has received her green card, are there any requirements regarding the length of her stay outside the US?
A: You will never be in a position to have a household of 1 because the sponsor and immigrant will always count so that is a minimum of 2 household members. Benefits that are considered “taxable income” by the IRS, can count toward meeting the 125% of Poverty Guidelines levels required in order to serve as an immigrant’s financial sponsor. However, because unemployment benefits do have an end/limit, your ability to maintain the necessary income levels over time and at the time of interview at Embassy will be examined. If you wish to include assets from Egypt, you need to show ownership of those assets (deeds, statements, etc., with translation). If NVC indicates that your income and/or assets are insufficient to sponsor, you can add a joint sponsor through the NVC portal/CEAC. In order to maintain permanent residency, generally, a resident should not remain outside the US for more than 6 months out of a year but other signs of NOT truly residing in the U.S. may cause problems. There are also residency requirements if your mom intends to become a citizen. Best wishes!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.