[SKBERRY] Immigration Law

Wednesday, February 16, 2011

Possible: the I-864 and Child Support (A Success Story)

Today was a great day. Our firm was able to get a green card approved for a parent of a U.S. citizen. But this was no ordinary application. The U.S. citizen is a housewife who has no other support than child support (which isn't income by IRS tests) and alimony (which is taxable income according to the IRS). She came to the office concerned that she would not be able to support her parents' I-864 (the affidavit of support), but she really wanted them to stay with her. After much research, and a careful reading of the instructions for the I-864, we decided to go ahead and file it along with the I-485 (application for permanent residence, a.k.a. green card application).

About four weeks later, the office was served with a Request for Evidence - saying that she didn't meet the requirements of 125% of the poverty level. They wanted a Joint Sponsor. But there was no one who could fill the role of Joint Sponsor, and we were forced to fight it out. With the instructions printed as well as some really good arguments, we sent a letter back refuting the need for a Joint Sponsor. And, well, it worked! We attended the interview today and according to the immigration officer, should be receiving the green card within a month. Hooray!

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Attorney is authorized to practice immigration law for clients in all 50 States. Licensed by PA and NJ.