Q: Can my brother-in-law become my petitioner on Form I-130 & Form I-864 instead of my wife? They are both US citizens.
My wife and I are unable to meet the financial thresholds required by Form I-864, so we would need to acquire a joint sponsor, which is an additional headache. Therefore I am wondering if my brother-in-law can be my petitioner on Form I-130 and I-864 instead, since he is able to meet the financial thresholds required by Form I-864.
No, your brother in law is disqualified as a matter of law. He is ineligible to petition too for an I-130. He can only act as a joint sponsor with your wife.
In order to avoid complications, including what can prove to be permanent bars on lawful immigration, I strongly recommend an evaluation with a competent and experienced immigration lawyer.
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Yes, your brother-in-law can be your petitioner on Form I-130 and Form I-864 instead of your wife. The Form I-130 is a petition for a relative to become a lawful permanent resident (LPR), and the Form I-864 is an affidavit of support, which is a promise to financially support the LPR until they can support themselves.
To be eligible to petition for a relative, you must be a U.S. citizen or lawful permanent resident. You must also be at least 18 years old and not in removal or deportation proceedings.
To be eligible to be a joint sponsor on Form I-864, you must meet the following requirements:
* You must be a U.S. citizen or lawful permanent resident.
* You must be at least 18 years old.
* You must have a certain amount of income or assets.
* You must be willing to sign the affidavit of support.
If your brother-in-law meets all of the requirements, he can be your petitioner on Form I-130 and Form I-864. This will allow you to avoid the need for a joint sponsor.
Here are some of the benefits of having your brother-in-law be your petitioner:
* You will not need to find a joint sponsor.
* Your brother-in-law will be able to provide more financial support for you.
* Your brother-in-law will be able to help you with the immigration process.
Here are some of the drawbacks of having your brother-in-law be your petitioner:
* Your brother-in-law will be legally responsible for your support for a period of ten years.
* Your brother-in-law's income and assets will be used to calculate your ability to support yourself.
* If you are unable to support yourself, your brother-in-law may be required to pay for your expenses.
If you are considering having your brother-in-law be your petitioner, you should speak with an immigration attorney. An attorney can help you assess your situation and determine if this is the best option for you.
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