2 Lawyer's with 2 diffrent answers

[scooby06 0]

Hello,

Before I start with my question I want to give a small overview of my situation. I want to apply for an AOS for my parents. I am a US citizen. My parents are in the USA . They have came over on a visitor's visa several years ago and ended up overstaying. I am working my husband however is on Supplemental Security Income, which I understand cannot be counted into the affidavit of support.

In order for me to make the 125% poverty line I would have to make over $27'000. I fall short of that. My parents however are getting a small retirement check every month from their home country. It goes into a joint account and is easily available to them.

I talked with 2 different Lawyer's and I got 2 different answers, in regard of intending immigrants income. One Lawyer told me if my parents live with us we can use there retirement money in the I-864 to meet the income requirement.

However, another lawyer told me that this is not true and that the intending Immigrants money cannot be used in the I-864. I don't know what to believe. I did read the I-864 manual and it those state fallowing.

Can the Intending Immigrant Help Me Meet the Income Requirements?

First, the income must be continuing from the same source after he or she obtains lawful permanent resident status, and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements.

I may understand this wrong but it seems to me that my parents retirement money falls into this category.?? Please help me understand this.

[Deputy Purple 1,294]

But they've overstayed how long? Several Years? That makes them deport-able doesn't it?

[Harpa Timsah 13,258]

Scooby, I am pretty sure you are right, if they live with you. Worst that will happen is that they would send you a RFE for a co-sponsor, if you are wrong. Good luck.

[Nich-Nick 3,354]

I agree that their income can be added to your household income as long as they live in your house. You will have to supply proof of the source of that income...maybe a letter or pension statement (and translation) from the retirement fund administrator stating the amount and that it will continue for life(?). A supply of bank statements showing the regular deposit into their account would be an additional proof.

What about their income tax return? I would research their obligation to the IRS and figure out how you will answer an RFE if asked about their tax return. Even illegals are expected to file. Their source of income may not be taxed or not be enough to have to file, but I would research it to be prepared. This link is a start . http://www.irs.gov/businesses/small/international/article/0,,id=129431,00.html

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location**