About the Author

  

Nisha V. Fontaine

Attorney-at-Law

Serotte Reich Wilson, LLP

300 Delaware Avenue

Buffalo, New York 14202

Ph: 716-854-7525

Email: Nfontaine@srwlawyers.com

 

 

 

 

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Monday
May162016

Must the I-130 Petitioner with No Income (or Insufficient Income) Still Submit an Affidavit of Support?

Q:  I am a U.S. citizen sponsoring my wife who is from India for her green card - we were married last year.  However, I am a student and do not have sufficient income to support the Affidavit of Support requirement.  I understand I need a Joint Sponsor, but do I still need to submit an Affidavit of Support even when I don't have enough income? 

A:  Yes.  As the Petitioner from the I-130, you are required to submit an Affidavit of Support (Form I-864) - regardless of whether you have no income or have insufficient income to fulfill the income requirements.  You should complete the form as applicable - listing your tax filings and current annual income.  Since you do not qualify under your income, the agency would then look to the Joint Sponsor's affidavit to confirm (1) they qualify as a joint sponsor (U.S. citizen or Lawful Permanent Resident, over age 18, domiciled in the U.S.); (2) they have sufficient income based on their household size, including your spouse, to meet the Affidavit of Support income requirement.  

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