Legal Question in Immigration Law in Washington

Hello everyone,

I am a greencard holder and would like to sponsor my spouse. However, she is currently is in UK and I am student here with no income at the current moment.

Here are the questions I have:

What documents do I need to supply when I apply for dependent visa for my spouse? More specifically do I need to provided affidavit of support during the initial application process or can I provide that at the late date?

I have a brother who is willing to be the sponsor and is a GreenCard holder as well. If he sponsors my spouse, does it affect his credibility of sponsoring other people? Like, is it going to effect if he needs to sponsor his own spouse at certain later time?

Finally, for affidavit of support, what documents are required? like tax documents are enough or bank statement are also needed?

I know it's couple questions, but answers/suggestions to all/any will be highly appreciated.



Asked on 3/26/14, 9:00 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Hi Prem. When you petition a spouse, you need birth certificates, marriage certificate, etc. Please refer to the USCIS website for the I-130 requirements at & click on the "forms" link, then scroll down to "I-130".

As for the Affidavit of Support, your brother can be a co-sponsor, as long as he makes enough money, & it will not jeopardize him petitioning others at a later date. However, he will have to declare that he has been a co-sponsor in the past, & that will be factored into the poverty guideline equation on any subsequent Affidavits of Support that he files. (See: uscis, gov; "forms", "I-864"; also, refer to:

For the Affidavit, 3 years of U.S. Federal Income Taxes & W-2s are required. Pay stubs might also be requested. Bank statements do not need to be submitted unless the sponsor does not earn enough income, but has substantial assets, to meet the poverty guideline requirements.

Please feel free to contract me if you have further questions or need assistance with this matter. Thank you!

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Answered on 3/27/14, 9:00 am

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