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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106919
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, Im having difficulty to fill up the affidavit of support. My

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Hi,

Im having difficulty to fill up the affidavit of support.
My dad is trying to make my mother American.
Now they are asking us to fill out the affidavit of support, is it supposed to be my dad that has to fill it out ?
If his income isn't sufficient, can I sponsor my mom ?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.



Are you a U.S. Citizen or U.S. Lawful Permanent Resident over the age of 18?
Customer: replied 3 years ago.


Yes, I am a citizen over the age of 18.

If your father doesn't make enough, then he must look for a Joint Sponsor for the financial aspect of the case. This sponsor must also file the same Affidavit of Support that he does and submit the same evidence that he still has to submit. The Joint Sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident that is over the age of 18 that makes the minimum amount. It does not have to be a family member or a household member. So yes, he has to still file an I-864 even though he may not make enough money and you would file another I-864 with supporting documentation. Or you could just file all the paperwork for your mother since you are a U.S. Citizen over 21. It is up to you. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Customer: replied 3 years ago.


Thank you for your answer.


 


Since he already filed for her, we will keep the application. I have three more questions?


1- On PART 1 of the form I-864, should I select part E (Im the ()first or ()second of two joint sponsors


2- My step dad hasn't filed his taxes for the past two years because his income was very low. Is it going to affect the application?


3-What is the minimum of assets or salary that they are looking for to apply ?


4- I need to do form I864A , RIGHT ?

Three? You listed 4! But that's ok, it's not like you have a limit. Make sure you are using the latest form (though sometimes they accept slightly older forms). Here is a link:

http://www.uscis.gov/files/form/i-864.pdf


1) You would be the only Joint Sponsor unless there are more. Your dad (or step-father) is the Primary Sponsor, not a Joint Sponsor.

2) He needs to file his taxes or show an exemption from the IRS. He should speak to his accountant or to the IRS to get one.

3) Here is a link to the minimum where you would look at the 125% column. It is your mother plus him and anyone else that he claims on his taxes. If it is just he and her, then it it two. For you, you would have to count her, yourself and anyone you claim on your taxes. So if you are married and have one child, it would be you, your mother, your spouse and one child, then you would look at the 125% column under 4 people to firgure out how much you need to make minimum:

http://www.uscis.gov/files/form/i-864p.pdf



4) You should fill out an I-864.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.


It says in Part 6: Income you are using from any other person who was counted in your houselhold size. Since my step dad lives with me and my brothers ? Is that ok to do add my name and my income there and complete form 864a ?

You can file an I-864A, but I think the I-864 is better. It is up to you.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you

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