Immigration Site

I am a US Citizen currently pursuing my PR in Canada. My wife and her 2 children want to immigrate to the US eventually. I myself cant sponsor them financially but my mother is willing to joint sponsor. First, is it possible for my mother to sponsor my wife and her 2 kids, both will be under 21 years of age. Second, will I still be the petitioner and what will the household size be? How many people will be included under the minimum financial requirements? Will it be 4, my mom and my wife and 2 kids or will it be 5, am I included in household size or since I am already a US citizen and the petitioner am I included in the financial requirement for household size?

You will be the petitioner. Your household size will be at least 4 -- yourself, your wife, plus the 2 children accompanying her to immigrate.

Any other people added to the household size depends on the specifics of your situation at the time youre actually filing, and the counting rules established at the time (they do change occasionally). Read the instructions for I-864 and I-864A.

Youre supposed to move back to the US* when filing for your wife, and the financial affidavit is only required at the last stage of the process if your wife will pursue it through the US consulate in Canada. So if you obtain a US job that pays enough, you wont need your mother to be a joint sponsor.

Get back to us when its time to for them to actually immigrate, by which time your situation and/or the rules may have changed.


*including surrendering your Canadian PR, because youre supposed to be domiciled in the US when filing the petition, and having Canadian PR would contradict that. However, if you obtain Canadian citizenship you wouldnt need to surrender it, since citizenship doesnt indicate residence or domicile.

does nighttrain also file a I-864 eventho he doesnt have enough financial means or his mother files the only one I-864?

The petitioner (the USC or LPR who files the I-130 for their immigrant spouse or other relative) must always file I-864, regardless of their finances. If the petitioners finances are insufficient after accounting for the immigrants assets and income, other people would need to join the sponsorship with I-864A or I-864 to pledge financial support.