Question about age requirement of sponsor and joint sponsor

[dcasarrubias 0]

Hi, so I am a US citizen and I am 19 years old still in college, but I am trying to sponsor my fiancee who is in Brazil. So I have two questions"

1. I heard that you have to be 21 to sponsor is this true?

2. Since I am not working, I don't meet the income requirements, but my dad is willing to help me out. Is it possible for a relative to joint sponsor?

Thanks

[Ian H. 207]

You only have to be 21 to sponsor a sibling or a parent. Since you are sponsoring a future spouse, it's 18 or older. As for the income, since you are not working you have to find a joint sponsor who makes over the 125% requirement on his own. Also a joint sponsor DOES NOT have to be related in any way shape or form to you or to your fiancé. Remember that just because you are unemployed and have a joint sponsor doesn't mean that you aren't required to provide an affidavit of support. You will have to write a letter stating that you are unemployed as well as your latest tax return. If you didn't file a tax return because you were unemployed or made too little, you have to write another letter stating why you didn't file or weren't required to file. You also have to attach from the IRS website where it says that you weren't required to file because of your income. If your dad makes enough money on his own or if he can combine it with your mother's income (assuming they live together) then that would suffice.

[dcasarrubias 0]

You only have to be 21 to sponsor a sibling or a parent. Since you are sponsoring a future spouse, it's 18 or older. As for the income, since you are not working you have to find a joint sponsor who makes over the 125% requirement on his own. Also a joint sponsor DOES NOT have to be related in any way shape or form to you or to your fiancé. Remember that just because you are unemployed and have a joint sponsor doesn't mean that you aren't required to provide an affidavit of support. You will have to write a letter stating that you are unemployed as well as your latest tax return. If you didn't file a tax return because you were unemployed or made too little, you have to write another letter stating why you didn't file or weren't required to file. You also have to attach from the IRS website where it says that you weren't required to file because of your income. If your dad makes enough money on his own or if he can combine it with your mother's income (assuming they live together) then that would suffice.

Ok thanks for all the info. Yes my dad makes enough for him to be eligible as a joint sponsor.I was looking at the poverty guidelines on immigration and he met the income requirement. His income is $53,000 and household of 5(myself included) and with 6 he would still qualify. Since the federal guideline for a household of 6 is 39,000

[Ian H. 207]

It's even simpler. You didn't mention earlier that you were a part of your dad's household. Do you live together? Because if yes, then you don't need to have him as a joint sponsor, rather you just file the AOS form I 864 for yourself, and then the I 864A for your dad.

Edited July 22, 2014 by ianhalliwell186

[dcasarrubias 0]

It's even simpler. You didn't mention earlier that you were a part of your dad's household. Do you live together? Because if yes, then you don't need to have him as a joint sponsor, rather you just file the AOS form I 864 for yourself, and then the I 864A for your dad.

Oh yes I guess I forgot to mention that earlier. Yes I am a college student but still dependent on my dad and I do live with him. So all we have to do is file two separate AOS forms?

Also one one more question. Will it be the same for both processes. What I mean is will the fiancee visa process of doing a joint sponsor also be the same when I apply for her green card and change of status when we get married?

Edited July 22, 2014 by dcasarrubias

[Ian H. 207]

Since you are petitioning her as a fiancé first, you would need two separate affidavits of support form I-134 one for you and one for your dad. When you apply for adjustment of status, you will need the I 864 at that time because the I-134 won't be valid. For your dad you don't need an extra I 864, only an I 864A in addition to your I 864. The I 864A is a supplement to your I 864 and it's for people in your situation that live with someone who can be a sponsor.

Oh yes I guess I forgot to mention that earlier. Yes I am a college student but still dependent on my dad and I do live with him. So all we have to do is file two separate AOS forms?

Also one one more question. Will it be the same for both processes. What I mean is will the fiancee visa process of doing a joint sponsor also be the same when I apply for her green card and change of status when we get married?

[CowBoE 429]

Hi, so I am a US citizen and I am 19 years old still in college, but I am trying to sponsor my fiancee who is in Brazil. So I have two questions"

1. I heard that you have to be 21 to sponsor is this true?

2. Since I am not working, I don't meet the income requirements, but my dad is willing to help me out. Is it possible for a relative to joint sponsor?

Thanks

The US culture encourage you to be independent after you turn 18.

If you are in college and not working, and your father is only making so so OK wages

for the family of 5 (soon to be 6), have you thought through the financial responsibility part of the marriage?

Will your father take all the financial burden until you graduate and start working?

You have a great dad. Thank him dearly and pay him back later.

Best wishes...

[dcasarrubias 0]

The US culture encourage you to be independent after you turn 18.

If you are in college and not working, and your father is only making so so OK wages

for the family of 5 (soon to be 6), have you thought through the financial responsibility part of the marriage?

Will your father take all the financial burden until you graduate and start working?

You have a great dad. Thank him dearly and pay him back later.

Best wishes...

Yeah the US culture encourages you to be independent, but I come from Mexican parents and in their culture everything revolves more around the family so I guess that's why he supports me so much. But of course I will repay him and forever be grateful for what he is doing for me.

[dcasarrubias 0]

Since you are petitioning her as a fiancé first, you would need two separate affidavits of support form I-134 one for you and one for your dad. When you apply for adjustment of status, you will need the I 864 at that time because the I-134 won't be valid. For your dad you don't need an extra I 864, only an I 864A in addition to your I 864. The I 864A is a supplement to your I 864 and it's for people in your situation that live with someone who can be a sponsor.

Just one more question sorry for annoying you. haha

Well ok since I have only 2 years left in college I was wondering if lets say instead of using my dad to joint sponsor can I sponsor her as soon as I get a job? I read somewhere else that you have to have 3 years of previous tax returns that you have to bring to the interview to show sufficient income. So if that is true that option would be off the table, but I just want to know if you knew anything on that matter. Anyways thanks for all the help.

[Ian H. 207]

It's better to use your dad as the sponsor. You don't "need" the last 3 years of tax returns, they just help. You do need the current year's tax return however and sufficient income. Even if you manage to find a decent paying job that would put you above the 125% income requirement, it may not be enough because the consul has to look at your overall situation. If for some reason you are denied based on your own income, you would still have a chance to use someone else, in this case your dad. Of course, I highly recommend you just use your dad from the beginning to avoid any undue burdens that may arise. If he supports your marriage, he should have no problem being your wife's sponsor. Trust me, I know plenty of people who refuse to ask their parents for help even though the parent may be willing to do so. If for whatever reason he doesn't want to sponsor, you can always find someone else. Does she have family here in the US? Remember that the sponsor does not have to be related in any way to you or her.

Edited July 22, 2014 by ianhalliwell186

[Mike-eeh and Odie 193]

Before you even talk about sponsorhip, you need to consider a few more things:

1. Have you met your fiance in person yet, and can you provide evidence of the meeting?

2. Do you have evidence of a bonafide relationship? Note that IOs will scrutinize your relationship being you are so young in age. So your evidence needs to be strong.

3. Is your father aware that if by chance your marriage goes "sour," he is legally responsible for supporting her?

4. Are you aware of all the other fees involved including the AOS fee which is over $1000.00?

I'm just concerned as you say you are only 19, and marriage is a huge responsibility. Good luck!

[dcasarrubias 0]

Before you even talk about sponsorhip, you need to consider a few more things:

1. Have you met your fiance in person yet, and can you provide evidence of the meeting?

2. Do you have evidence of a bonafide relationship? Note that IOs will scrutinize your relationship being you are so young in age. So your evidence needs to be strong.

3. Is your father aware that if by chance your marriage goes "sour," he is legally responsible for supporting her?

4. Are you aware of all the other fees involved including the AOS fee which is over $1000.00?

I'm just concerned as you say you are only 19, and marriage is a huge responsibility. Good luck!

We first met in my first year of high school because she was an exchange student from Brazil and we started dating when I was 14 and then she had to go back to Brazil but we maintained a long distance relationship. The last 5 years we have met in person 7 times but I only have records for the last 5 visits, hopefully that won't be a problem.

1. Yes ever since she has left I have visited her a total of 7 times and a total of 4 times in the last 2 years. And yes I have the evidence for the meetings from the past 2 1/2 years.

2. Yes

3. Yes he is aware.

4. Yes I know about the fees but I have saved up enough for the fees.

Edited July 27, 2014 by dcasarrubias

[dcasarrubias 0]

It's better to use your dad as the sponsor. You don't "need" the last 3 years of tax returns, they just help. You do need the current year's tax return however and sufficient income. Even if you manage to find a decent paying job that would put you above the 125% income requirement, it may not be enough because the consul has to look at your overall situation. If for some reason you are denied based on your own income, you would still have a chance to use someone else, in this case your dad. Of course, I highly recommend you just use your dad from the beginning to avoid any undue burdens that may arise. If he supports your marriage, he should have no problem being your wife's sponsor. Trust me, I know plenty of people who refuse to ask their parents for help even though the parent may be willing to do so. If for whatever reason he doesn't want to sponsor, you can always find someone else. Does she have family here in the US? Remember that the sponsor does not have to be related in any way to you or her.

Thanks for all the help