I am a 32 year old U.S. citizen but have been living in Paris for the last 7 years. I am married to a French national and wish to apply for a green card for her from Paris and undergo consular processing. Because we have been living in Paris, I have not filed any U.S. tax returns for the time I've been gone. Can my father co-sponsor the affidavit of support for my wife?
First of all, if you are a US citizen living abroad, you should still always file a U.S. tax return if you have any income, even if you qualify for the foreign earned income exclusion. Not only does this help you avoid any potential penalties later on in life should you return to the U.S., but it could potentially help in future immigration matters.
That being said, the general rule is that a sponsor for a financial sponsor for a green card must:
- Be at least 18 years old;
- Be a U.S. Citizen or a Legal Permanent Resident; and
- Have a domicile in the U.S.
All three conditions MUST be met by the person who is sponsoring the I-864 Affidavit of Support before a co-sponsor can be applicable.
In this situation, as long as you can prove that you have domicile in the U.S., either through IRS tax returns filed, bank statements, or other documents, then your father cannot co-sponsor the affidavit, and more than likely, neither can you.