Green Card for Parents : Financial Sponsorship

[Ram W]

Hi, I am currently working in the US on L1A visa, valid until mid 2021(extendable). My son, who is a student and who lives with me and my wife is turning 21 in December 2020 and plans to apply for green card for his parents(me and my wife). He being still a student, we are not sure how he can be a financial sponsor. Since he lives with us, can we show my income as total household income? Will it work if I transfer money to his bank account to show that he can sponsor?

[H1BUser24]

I had the same question, thanks you brought this up.

[pontevecchio]

Transferring money is a NO-NO. You can use your Income.

[newacct]

On 2/5/2020 at 4:20 PM, Ram W said:

Hi, I am currently working in the US on L1A visa, valid until mid 2021(extendable). My son, who is a student and who lives with me and my wife is turning 21 in December 2020 and plans to apply for green card for his parents(me and my wife). He being still a student, we are not sure how he can be a financial sponsor. Since he lives with us, can we show my income as total household income? Will it work if I transfer money to his bank account to show that he can sponsor?

Your son will file two separate petitions for you and your wife, and two separate I-864 Affidavits of Support. For the I-864 for you, your income (the intending immigrant's income) can be counted in the sponsor's household income, as long as you are working legally in the US, and you do not need to file I-864A. For the I-864 for your wife, if she doesn't have income and your income needs to be counted, then you should file I-864A to act as your son's "household member", so that your income can be counted in his household income. You can be a "household member" since you live in the same residence as him. (If you didn't live with him, you would instead have to be a "joint sponsor", where you file a separate I-864.)

Edited April 7, 2020 by newacct

[H1BUser24]

@newacct, you said, if intended immigrant is legally working in the US, he do not need to file I-864A, if he has earned 40 SS credits, can he file I-864W instead and his spouse (non-working and also an intended immigrant) can file I-864A using his household income?