Jobless-Applying GC for Parents

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vishu22

Registered Users (C)
Hi, my wife is a US citizen and I am on L1. She was working in US but from last 1.5 yrs she joined the college to complete her masters and not working till date. In the mean time she also sponsored her parents who are living in India. I read all the process and observed that she needs to file I -864 (an affidavit of financial support). We both are filing our taxes jointly and we both have our names on IRS returns.
As per I-864 procedure, I beleive the folowing things are required:

1) Copy of W2 for last 3 years.
2) Copy of IRS for last 3 years.
3) Copy of pay stubs from employer for last 6 months.

I also, read that person applying for financiall support should be a US citizen or a permanent resident.

Now, I have following questions:

1) Since we both are filing taxes jointly.,does this makes me eligible to file I -864 for her parents. (Note: I am on L1 and my wife is a US citizen but she is not working since last 1.5 years)?

2) If the answer of above question is "NO" then is their any procedure through which we can show financial support for her parents ?

I would appreaciate any help in this regard.
 
you cannot be a co-sponsor for your in-laws, since you are not a resident or a citizen of the US. Your wife needs to find a different co-sponsor.
 
Thanks Lucy, my wife is not working currently but she has investments and asset on her own name. Is she eligible to file I-864 by showing her investment and assets?
 
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are they going to work here? if not, maybe your wife nees to rethink the idea of immigration for them. If she can't afford to sign an affidavit of support, how will she afford their medical bills?

yes, she can file I-864 if the assets exceed the amount needed to sign the affidavit 5 times. Read the instructions.
 
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vishu22 said:
Thanks Lucy, my wife is not working currently but she has investments and asset on her own name. Is she eligible to file I-864 by showing her investment and assets?
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Yes, if her assets are 5 times 125% of the Federal poverty line. And her parents' assets can be added in, if her assets are not enough. Note that if she owns a house and wants to count it in her assets, only the net equity in it will count.
 
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