Hello all,
So my wife takes her oath to become a US Citizen in 2 weeks. One goal of hers was always bringing her parents here.
My wife's brother, lives in the USA, and is a born US Citizen. He is 19. Both my wife and my wife's brother want to bring their parents to the US.
My wife's brother recently went to a lawyer who told him that my wife should be the petitioner (due to her age being over 21). My wife is a full-time student, has no income.
So the lawyer told my wife's brother that he (the brother) can be the financial sponsor. Since sponsors only need to be 18 years old or older to sign the Affidavit of Support.
So, now we have this situation where my wife, as the petitioner, would require a co-sponsor, her brother. He makes 125% of poverty level for all household members, including the mom + dad. But he doesn't live in the same State as my wife.
The questions become:
1.) My wife and I file "married filing joint" tax returns. She has no income, she is a student. Our income, bank accounts, savings, it's all together in shared accounts. So does that mean MY income, as her husband, is automatically counted and used for these calculations as HER income? Meaning the brother won't even be needed for the co-sponsor? Would USCIS automatically drop him?
2.) If my wife becomes sponsor, and my wife's brother becomes co-sponsor, how am I affected by being the spouse of the sponsor? How are sponsors spouses affected by this legal obligation? Especially since our finances are tied together?
I hope I explained clear enough. The point I am trying to get across is that if my wife and her brother petition and sponsor their parents, I want no legal commitment, I want no financial responsibility, I want nothing to do with it on legal paper. of course I'll help off the record, but I have no interest in being roped into anything. So, I am concerned that because my wife and I technically have a shared income, that I become on the hook for the parents through my wife.
So I know this situation probably requires lawyer advice, and I just literally mentioned my wife's brother talked to a lawyer, but A.) My wife and her brother aren't on speaking terms, so everything is coming second hand through the parents back and forth (stupid I know), and B.) I don't like / don't agree with the lawyers advice to say to my wifes brother that he can be the sponsor. I feel if my wife petitions SHE IS THE SPONSOR, and the brother is a co-sponsor. But again, technically, my wife through me, has the finances, so I don't want her stuck all alone on this.
Thoughts? Advice?