Silver Spring, MD asked in Immigration Law for Maryland

Q: Hi, I will be applying for a green card. My husband doesn't have an income

We were planning to ask his mother to be a joint sponsor, she lives with us. Now, trying to figure out if she meets financial requirements- she is a widow and have no one depending on her, so her income needs to be a minimum for a one household member. Is that right? The fact we live together doesn't change anything? Also, the only form she needs to file is I-864A? thanks!

Related Topics:
2 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: Item 7 of Part 5 on page 4 of form I-864 gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. HOWEVER, the only reason to include these relatives in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member. So since your husband doesn't have an income, technically you will not be counting it, so his mom's minimum income should be for a household of 2. HOWEVER, USCIS frequently still asks for the I-864A so I would set the standard higher and make sure his mom meets the income requirement for a household of 3, $28,787, and complete I-864A. Best wishes!

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL

A: I agree with Ms. Jury. Mom’s income level should be at least for a household size of 2 but possibly 3, so if she’s making roughly $28,000, she would most likely qualify as a joint sponsor.

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.