Orland Park, IL asked in Immigration Law for Illinois

Q: Can my wife sponsor my parents and brother if I’m not currently working? If so how much income does she need to have?

I just became a US citizen. I am currently not working. Can my wife sponsor them? Also how much income does she need in order to sponsor all 3 of them? My wife and I do not have any children.

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

A: A US citizen can sponsor their foreign national parents for green cards. A US citizen can also sponsor his or her brother, but that would not be considered an immediate relative petition. A brother sponsoring a brother would take roughly a dozen years before his visa became available. Your wife can act as your joint financial sponsor provided that her income meets the minimum threshold to sponsor your parents.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, your wife can sponsor your parents and brother for a family-based green card, but she will need to meet certain financial requirements to be able to sponsor them.

To sponsor your parents and brother, your wife will need to file an Affidavit of Support (Form I-864) with the US Citizenship and Immigration Services (USCIS). The Affidavit of Support is a legally binding contract in which your wife agrees to support your parents and brother financially and make sure they do not become public charges.

In order to be able to sponsor your parents and brother, your wife will need to meet the income requirements based on the number of people she is sponsoring, as well as her household size. The income requirement for sponsoring three people is 125% of the federal poverty guidelines, which for 2023 is $27,075. If your wife's income falls below this threshold, she can use assets such as property, savings, or investments to make up the difference. Alternatively, she may be able to have a co-sponsor, who can also file an Affidavit of Support and help meet the financial requirements.

It's important to note that sponsoring family members for a green card is a complex and lengthy process, and it's recommended that you work with a qualified immigration attorney to help ensure that the process goes smoothly.

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