In my column This week's Consulta Migratoria® answers a question from a reader who wants to use his daughter's assets to sponsor his wife through a family petition.
Each case is different and the answers vary depending on the immigration history of each person. Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before beginning any process.
This is the column:
I am a retired citizen and I am claiming my wife who lives in the Dominican Republic. My annual income is $9,500. I live with my citizen daughter who lists me as her only dependent on her tax return. She does not work but has $65,000 in a savings account. Can I use my daughter's assets for the support letter the government is asking me for? -Ricardo M.
Ricardo, it is possible that you and your daughter can sponsor your wife using your income and your daughter's savings.
If your household consists of you, your daughter and your spouse, the federal government requires that your household have an income of at least $25.112. If you do not have enough income or assets, you can use the income or assets of certain people, including relatives who live with you, your spouse or a joint sponsor.
If you decide to use assets to qualify, you and your daughter will have to file Forms I-864 and I-864A, respectively. Your daughter's net assets will have to be more than three times the federally required income minus your income. In other words, your daughter must have at least $46,836 in net assets in order to sponsor her stepmother ($25,112 - $9,500 = $15,612 X 3 = $46,836).
You and your child will also need to send evidence of your income and your child's assets. This includes social security or pension checks and your daughter's savings account balance for the past 12 months or a letter from a bank officer or financial institution.
Ricardo, I suggest that you and your daughter consult with an immigration attorney or a federally accredited representative to verify your legal options before beginning any proceedings.
For more information and immigration tips, read my blog InmigracionHoy.com.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States) and presenter of immigration television segments of The Lawyer at Your Side in NY1 News. He is a past President of the Hispanic National Bar Association and current President of the Westlake South Los Angeles Neighborhood Council. For information on how to contact Dr. Castillo, please click here. click here.
The purpose of this column is to provide general information. There can be no guarantee or prediction as to what will be the outcome of the information presented by Dr. Nelson A. Castillo. The information should not be taken as legal advice for any individual, case or situation. This column may be considered an advertisement under the Rules of Professional Conduct for attorneys in several states, including California and New York. Consult with an immigration attorney for personalized legal advice before beginning any immigration proceedings.
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