Staten Island Family Immigration Lawyers

Staten Island Family Immigration Lawyers

You want to bring your spouse, your parents, or your children to the United States. You’re a citizen or a green card holder, so you know you have the legal right to sponsor them. You file the I-130 petition, it gets approved, and you think the hard part is over. Then USCIS denies the case because you don’t make enough money. The family relationship was never the problem – the financial requirement was.

This is the financial trap that catches many family immigration sponsors. The I-130 petition establishes that you have a valid family relationship with your relative. But your relative still can’t get their green card unless you can prove you have enough income to support them – through the Affidavit of Support, Form I-864. If your income doesn’t reach 125% of the Federal Poverty Guidelines, the case fails regardless of how strong the family relationship is.

This article explains the family immigration process, who can sponsor which relatives, the income requirements that most people underestimate, how to use a joint sponsor if you don’t make enough money, alternatives if your income falls short, and what happens when Affidavits of Support are denied. Understanding these financial realities before you file can save your family months of frustration and thousands of dollars in fees.

Many families focus on the I-130 petition and assume everything else will work out. The financial side of family immigration is actualy were most problems occur, and its were proper planning makes the biggest difference.

Who Can Sponsor Family Members for Green Cards

Not everyone can sponsor family members, and not all family members can be sponsored. Understanding these rules is the first step in the process.

U.S. citizens can sponsor there spouses, unmarried children (any age), married children (any age), parents (if the citizen is over 21), and siblings (if the citizen is over 21). Thats a broad range of family relationships, and citizens have the most options.

Lawful permanent residents – green card holders – have more limited options. They can sponsor there spouses and unmarried children only. LPRs cannot sponsor parents, married children, or siblings. If you have a green card and want to bring your parents, you need to become a citizen first.

Some relationships cant be sponsored at all. You cannot sponsor grandparents, grandchildren, aunts, uncles, cousins, nieces, nephews, or in-laws. The immigration system reconizes specific “nuclear” family relationships and excludes extended family regardless of how close you are.

Immediate Relatives vs Preference Categories

Family immigration is divided into two main categories that determine how long your relative will wait for there green card.

Immediate relatives include spouses, unmarried children under 21, and parents of U.S. citizens (if the citizen is over 21). Immediate relatives have no annual limits on visas. Once the I-130 is approved, they can proceed directly to the green card stage without waiting for visa availibility. Processing still takes time, but there no multi-year backlog.

Preference categories cover everyone else – adult children, married children, siblings, and all relatives of green card holders. These categories have annual numerical limits. When more people are sponsered then visas available, a backlog forms. Depending on the catagory and the sponsored relatives country of birth, wait times can stretch to years or even decades.

The State Departments visa bulletin publishes current priority dates monthly. If your relative is in a preference catagory, you need to track when there priority date becomes current. Until then, they wait – sometimes for ten years or more for certain categorys from high-demand countries.

The I-864 Affidavit of Support – The Financial Requirement

Heres were many family petitions fail. The Affidavit of Support is required for almost all family-based green cards. Its a legally binding contract were you promise to financially support your relative at a level that keeps them off public benefits.

You must prove your income is atleast 125% of the Federal Poverty Guidelines for your household size. Your household size isnt just you – it includes everyone already living with you who depends on your income PLUS the relative your sponsoring (and there dependants if applicable). Every person added to your household increases the income threshold you need to meet.

For example, in 2025, a sponser supporting a household of four needs annual income of approximately $40,187. A household of six needs approximately $52,937. These numbers change yearly, so check the current I-864P form for exact requirements when you file.

If your income dosnt reach the threshold, USCIS will deny the Affidavit of Support. That denial stops your relatives green card process regardless of the approved I-130. The family relationship is established – but without financial eligability, they cant complete there immigration.

What Counts as Income for the I-864

USCIS looks at your income from the most recent tax year. You’ll need to provide your complete tax return, including W-2s and all schedules. If your current income is higher then last years, you can also provide evidence of current employment and pay stubs – but last years tax return remains the primary document.

Income includes wages, salaries, self-employment income, investment income, retirement income, alimony you recieve, and most other regular sources of money. It generaly dosnt include one-time windfalls or irregular income that you cant demonstrate will continue.

If your employed, your employer may need to provide a letter confirming your position, salary, and the permanance of your employment. If your self-employed, you’ll need additional documentation showing your business income is stable and ongoing.

Social Security income counts if its your regular income. Disability payments count. Income from assets like rental properties counts. The question is always: is this income stable, documented, and likely to continue?

Joint Sponsors – When Your Income Isnt Enough

If you dont meet the 125% threshold on your own, you have options. The most common is finding a joint sponsor – someone else who agrees to also take financial responsability for your relative.

A joint sponsor must be a U.S. citizen or lawful permanent resident, be atleast 18 years old, and be domiciled (living) in the United States. They dont need to be related to you or your relative – a friend, neighbor, or collegue can serve as joint sponsor if there willing.

Heres the critical rule: the joint sponsor must meet the 125% income requirement on there own. You cannot combine your income with a joint sponsors income to reach the threshold. Either you meet it alone, or your joint sponsor meets it alone (for there own household size plus your relative). This is a common misunderstanding that causes denied applications.

You can have up to two joint sponsors if needed. Each joint sponsor files there own I-864, and each must independantly meet the income requirement. This can help when sponsering multiple relatives who each need seperate support.

Household Member Income – The I-864A Alternative

Instead of a joint sponsor, you might be able to use income from someone already in your household. This requires Form I-864A, a contract between you and the household member agreeing to combine there income with yours for purposes of meeting the threshold.

The household member must live with you and have been listed on your tax return (or have a relationship that would have allowed you to list them). Common examples include adult children who live at home and contribute to household income, or a spouse whose income you didnt include on your initial I-864 calculation.

The difference from a joint sponsor: household member income CAN be combined with yours to reach the 125% threshold. This makes it easier to qualify if you have family members contributing to the household but dont personally earn enough alone.

The Asset Alternative

If neither your income nor a joint sponsors income is sufficient, you may be able to use assets instead. This requires demonstating that you have significant cash or liquid assets that could support your relative if needed.

For most family relationships, the asset value must equal atleast three times the difference between your income and the required poverty guideline amount. For spouses and children of U.S. citizens, the multipler is five times.

For example: if the poverty guideline requires $40,000 and you earn $30,000, the shortfall is $10,000. For a spouse of a citizen, you’d need $50,000 in qualifying assets (5 x $10,000) to make up the difference. For other relatives, you’d need $30,000 (3 x $10,000).

Qualifying assets include cash, savings accounts, stocks and bonds, real estate equity, and other liquid assets you could convert to cash if needed. Retirement accounts may count but with limitations. The assets must be documented and available.

What Happens If the I-864 Is Denied

If USCIS determines your Affidavit of Support dosnt meet requirements, they’ll issue a denial or Request for Evidence (RFE). An RFE gives you an oportunity to provide additional documentation or find a joint sponsor before final denial.

Common reasons for denial include: income below the threshold with no joint sponsor, missing tax returns or income documentation, household size calculated incorrectly (missing dependants), and forms filled out incompletely or incorrectly.

If denied, you can resubmit with corrected documentation. If you get a joint sponsor after the initial filing, you can add them. If your income has increased since filing, you can provide updated evidence. The goal is addressing whatever deficiency caused the denial.

The consequences of I-864 failure depend on were your relative is in the process. If there in the US adjusting status, the entire adjustment application may be denied. If there abroad in consular processing, they wont be issued a visa until the financial requirement is met.

The Legal Obligation Your Signing

The Affidavit of Support isnt just a formality. Its a legally enforceable contract. When you sign Form I-864, your agreeing that if your sponsored relative uses certain public benefits, you will reimburse the government for the cost of those benefits.

This obligation lasts until your relative either becomes a U.S. citizen, works in the U.S. for 40 qualifying quarters (about 10 years), dies, or permanantly leaves the United States. Divorce dosnt end the obligation. Even if you and a sponsored spouse divorce, your still liable for there financial support until one of those events occurs.

Government agencies can sue you to recover benefits paid to your sponsored relative. Your relative can also sue you for support if you fail to provide it. Courts have enforced these obligations – this isnt an empty promise.

Timeline for Family Immigration

How long family immigration takes depends primarily on weather your relative is an immediate relative or in a preference catagory.

For immediate relatives, processing typically takes 12 to 24 months total – from filing the I-130 through green card approval. This assumes no complications, complete documentation, and proper financial qualifications. If your relative is in the U.S. and eligible for adjustment of status, it may be faster then consular processing abroad.

For preference categorys, add the visa bulletin wait time to the processing time. A sibling of a U.S. citizen might wait over 10 years for there priority date to become current. An unmarried adult child of a green card holder might wait 5-7 years. These times vary by catagory and country of birth.

The processing itself – once the wait is over – takes additonal months. Budget for the long haul if your sponsering someone in a preference catagory.

Documents You’ll Need

Gathering documentation before you file prevents delays. For the I-130, you’ll need proof of your citizenship or permanent residence (passport, naturalization certificate, or green card), proof of the family relationship (birth certificates, marriage certificates, adoption decrees), and identity documents for your relative.

For the I-864, you’ll need your most recent federal tax return with all schedules and W-2s, evidence of current employment and income, and asset documentation if using the asset alternative. If using a joint sponsor, they’ll need all the same documents.

All documents not in English need certified translations. Original documents should be available for verification even if you submit copies. Missing or inadequate documentation is one of the most common causes of delays and RFEs.

Common Mistakes That Derail Family Petitions

Family immigration cases fail for predictable reasons. Knowing these mistakes in advance helps you avoid them.

The most common error is underestimating household size. Many sponsers forget that household size includes not just themselfs and there dependents, but also the immigrant and any dependants the immigrant is bringing. If your sponsoring your wife and two children, thats three additional people added to your household size for income calculation purposes. Sponsors who forget this submit I-864s that dont meet the threshold they actualy need.

Another frequent mistake is filing without complete tax returns. USCIS wants your entire federal tax return – all schedules, all W-2s, everything. Submitting only the first two pages of your 1040 will result in an RFE at best. Sponsors sometimes submit state returns instead of federal, which USCIS dosnt accept.

Never sign an I-864 without understanding what your agreeing to. Some sponsors treat the Affidavit of Support like a formality and dont realize they’re signing a legally binding contract. Years later, after divorce or estrangement, they discover there still finacially responsible for the sponsored relative. The I-864 is enforcable in court – its not just immigration paperwork.

Waiting to find a joint sponsor until after a denial is another mistake. If you know your income is borderline, line up a joint sponsor before you file. Having the joint sponsors I-864 ready to submit with the initial application prevents months of delay waiting for an RFE and response period.

Public Charge Considerations

The public charge rule affects family immigration in ways many sponsors dont fully understand. Under public charge rules, USCIS evaluates whether your relative is likely to become primarily dependant on government benefits.

The Affidavit of Support exists partly to address public charge concerns. By signing the I-864, your promising to support your relative so they wont need public benefits. But the public charge analysis looks at the totality of the circumstances – not just weather you have a sponsor willing to sign paperwork.

Factors USCIS considers include your relatives age, health, education, skills, and work history. A young, healthy professional with a college degree and work experience is less likely to be considered a public charge risk then an elderly relative with health problems and no work history. These factors dont change the income requirement, but they affect the overall evaluation.

The I-864 income threshold acts as a floor – if you meet it, your relative generally passes the financial aspect of public charge analysis. But if other factors raise concerns, USCIS can still deny based on the totality of circumstances. Having income well above the minimum, substantial assets, or a strong joint sponsor all help demonstrate your relative wont become a public charge.

Adjustment of Status vs Consular Processing

Once the I-130 is approved and a visa is available, your relative has two paths to the green card depending on there location.

If your relative is already in the United States with valid status, they may be eligible for adjustment of status – applying for the green card without leaving the country. Adjustment is generaly prefered when available because your relative stays in the US throughout the process and dosnt risk being stuck abroad if problems arise.

If your relative is outside the United States, they’ll go through consular processing. This means attending an interview at a US embassy or consulate in there home country. The Affidavit of Support and supporting documents are submitted to the National Visa Center before the interview, and the consular officer reviews everything at the interview itself.

Some relatives in the US arent eligible for adjustment – usually because they entered without inspection, overstayed visas, or have other immigration violations. These cases often require leaving the US for consular processing, which can trigger bars on returning. An immigration attorney is critical in these situations to evaluate wether leaving triggers a bar and weather a waiver is available.

When Circumstances Change After Filing

Family immigration cases can take years, and circumstances change. What happens if your income drops, your sponsor situation changes, or other issues arise during the process?

If your income decreases after filing but before final adjudication, you need to address it. USCIS evaluates your financial qualifications at the time of the final decision, not just at the time of filing. If you earned $45,000 when you filed but now earn $30,000, your I-864 may no longer qualify. You might need to add a joint sponsor or provide evidence of assets to make up the difference.

If a joint sponsor wants to withdraw, they generaly cannot do so after the immigrant receives there green card. Before the green card is issued, a joint sponsor can withdraw by notifying USCIS in writing. But once the green card is granted, the joint sponsors obligation is locked in.

If your relative gets divorced from there U.S. citizen sponsor before the green card becomes permanent (during the conditional period), they may face removal of the conditional status. This is seperate from the I-864 obligation, which continues regardless of divorce.

Finding a Family Immigration Lawyer in Staten Island

Family immigration can be straightforward for immediate relatives with strong income. It becomes complicated when income is borderline, when multiple relatives are involved, when there are immigration violations in the relatives history, or when unusual circumstances affect the case.

An experienced immigration lawyer can evaluate weather you meet financial requirments, structure joint sponsor arrangements properly, identify potential problems before they cause denials, and navigate complications that arise. For complex cases, legal representation significantly improves outcomes.

Community organizations in Staten Island offer immigration assistance, and some specialize in family-based cases. Catholic Charities, legal aid societies, and immigrant services organizations can provide referrals or direct help. Whatever route you take, make sure your getting advice from accredited representatives or licensed attorneys – not notarios or unlicensed consultants.

The family immigration process is navigable, but the financial requirements catch many sponsors unprepared. Understanding what your signing up for – and making sure you actualy qualify before you file – prevents the heartbreak of an approved I-130 that goes nowhere because the Affidavit of Support fails.