I cannot sponsor my (soon-to-be) wife

[Citizen510 0]

Good day everyone,

I'm new here and this is my first post. I have done my research, and have checked the links provided on this site. Yet, I have not found the answer to my question.

I am a US citizen currently living in Russia, and I am getting married soon. I want to take my wife back to the US with me, and I want her to become an LPR (Lawful Permanent Resident). According to my research, I can get her to the US either through a CR-1 or a K-3 visa, and will also have to file an I-130 petition.

Now, according to my research, I understand that I need an Affidavit of Support to get my wife into the US. Now this is where it gets tricky. I, myself, don't seem to qualify as a sponsor. I have not lived in the US in almost 4 years, and have neither property, nor a bank account there, let alone a job there. My parents (who are currently in the US, mom is a US citizen, too) don't, either. The only person who is in a "stable" position to sponsor (ie, has property, earns 125% above the poverty line, etc) my wife is my grandfather's brother (my grand uncle).

So, given my current situation, what would be the most effective way to get my wife into the US and get her an LPR status? From what I've read online, my grand uncle doesn't qualify as a sponsor for my wife, and neither do I. What would be the best course of action for me to take? I would appreciate any advice. Thank you all in advance.

[hamigirl710 112]

why does your grand uncle not qualify? It can be any person residing in the USA who is a citizen or LPR and has filed taxes. You can file the CR1 with an I130 form. The K3 is no longer an option for anybody.

Edited October 19, 2012 by hamigirl710

[san diego 407]

It will be challenging to get non-immediate relative to be approved as a co-sponsor. You can try but it will be very hard. The best you can do is get married, return to US get a stable job and apply. Usually they do not approve anyone but siblings or parents or kids.

[Citizen510 0]

why does your grand uncle not qualify? It can be any person residing in the USA who is a citizen or LPR and has filed taxes. You can file the CR1 with an I130 form. The K3 is no longer an option for anybody.

Dear Hamigirl1710,

Thank you for your quick reply. According to the information I read, the person filing for the I-130 petition is the one who has to file for the Affidavit of Support, as well. However, according to this link here http://www.powervisa.com/form-i130.html it says that a grandparent, grandchild, nephew, niece, uncle, aunt, cousin or in-law is not eligible for the I-130.

[Citizen510 0]

It will be challenging to get non-immediate relative to be approved as a co-sponsor. You can try but it will be very hard. The best you can do is get married, return to US get a stable job and apply. Usually they do not approve anyone but siblings or parents or kids.

Dear San Diego,

Thank you for your reply. Can me and my grand uncle co-sponsor?

[hamigirl710 112]

Dear Hamigirl1710,

Thank you for your quick reply. According to the information I read, the person filing for the I-130 petition is the one who has to file for the Affidavit of Support, as well. However, according to this link here http://www.powervisa.com/form-i130.html it says that a grandparent, grandchild, nephew, niece, uncle, aunt, cousin or in-law is not eligible for the I-130.

you are reading it wrong. It says you can not bring them here on a I130 but anybody can co sponsor with you. If your uncle is willing to sign the affidavit of support and qualifies he CAN co sponsor your wife.

http://www.ailc.com/howdoi/affsupp.htm#sponsor

Edited October 20, 2012 by hamigirl710

[aaron2020 11,651]

Dear Hamigirl1710,

Thank you for your quick reply. According to the information I read, the person filing for the I-130 petition is the one who has to file for the Affidavit of Support, as well. However, according to this link here http://www.powervisa.com/form-i130.html it says that a grandparent, grandchild, nephew, niece, uncle, aunt, cousin or in-law is not eligible for the I-130.

You are mixing apples and oranges. In this case you are mixing who can file the I-130 with whom can file the I-864. Who is eligible to be a beneficiary of the I-130 is completely different than who can provide an Affidavit of Support for that beneficiary.

In this case;

You are the petitioner of the I-130. Your foreign national wife is the beneficiary. That's it. No one else is involved in the I-130.

You are also the primary sponsor on the I-864. You MUST file an I-864 even though you do not meet the 125% poverty line. Since you do not meet the 125% poverty line, you will need a Joint Sponsor. The Joint Sponsor can be ANY US citizen or LPR who resides in the US who is at least 18 years old. The Joint Sponsor does not need to be related to anyone; it could be a friend, it can be your granduncle, etc - as long as it's a US citizen or LPR.

[Citizen510 0]

Thank you everyone for your replies and for clearing up my misunderstanding. I appreciate it.

[RICARDO4EVA2 194]

It will be challenging to get non-immediate relative to be approved as a co-sponsor. You can try but it will be very hard. The best you can do is get married, return to US get a stable job and apply. Usually they do not approve anyone but siblings or parents or kids.

NOT TRUE!!!!!!1

It will be challenging to get non-immediate relative to be approved as a co-sponsor. You can try but it will be very hard. The best you can do is get married, return to US get a stable job and apply. Usually they do not approve anyone but siblings or parents or kids.