Married to US Citizen,working Full time on OPT.Should I affidivit of support?

[uquad_copter]

Hi all,

As the title says,I'm recently got married to a U.S Citizen and am currently working on OPT Extension. I was applying for GC and was wondering if I need to file affidivit of support(i864) since I am working full time and can support my self,or do I file the affidivit of support Exemption document


Thanks in advance

[inadmissible]

She will have to file an affidavit of support. The exemption is for intending immigrants who have been credited with 40 quarters of Social Security coverage. F-1 students don't pay into Social Security, so you most likely have zero qualifying quarters credited to you

[newacct]

Hi all,

As the title says,I'm recently got married to a U.S Citizen and am currently working on OPT Extension. I was applying for GC and was wondering if I need to file affidivit of support(i864) since I am working full time and can support my self,or do I file the affidivit of support Exemption document


Thanks in advance

Your spouse, as the petitioner, must file an Affidavit of Support. As the intending immigrant, your income can be counted as part of the sponsor's household income (as long as you are working legally and your income can continue after immigrating), which hopefully will make it enough to satisfy the requirements.

[uquad_copter]

Your spouse, as the petitioner, must file an Affidavit of Support. As the intending immigrant, your income can be counted as part of the sponsor's household income (as long as you are working legally and your income can continue after immigrating), which hopefully will make it enough to satisfy the requirements.

Can she still file the Affidavit even though she is not working and still in school?

She will have to file an affidavit of support. The exemption is for intending immigrants who have been credited with 40 quarters of Social Security coverage. F-1 students don't pay into Social Security, so you most likely have zero qualifying quarters credited to you

But doesn't the condition state that those who 'have been' or 'can in the future be' credited with 40 quarters are exempt?

[scientist2016]

Can she still file the Affidavit even though she is not working and still in school?

Yes, she has to. Irrespective of their financial status, the petitioner, always has to file the affidavit. If the petitioner's income is not sufficient, then would need a co-sponsor too.

But doesn't the condition state that those who 'have been' or 'can in the future be' credited with 40 quarters are exempt?

No. As inadmissible mentioned, F1 do not pay into social security.

[newacct]

But doesn't the condition state that those who 'have been' or 'can in the future be' credited with 40 quarters are exempt?

You must have already earned 40 quarters (earned by yourself plus by your spouse during the time of marriage) in order to file I-864W.

[GCB]

I have been through the same process recently. My advice is: have your wife file the affidavit of support as the petitioner, and ask one of her parents or a close relative - not to raise any eyebrows - to fill another affidavit of support as the first joint sponsor.
The alternative is: if you live together with your wife (it's a must), you can include your income in her affidavit of support, and that would probably be sufficient. For this alternative you'd need a letter from your employer showing that you will be employed for a long time, forgot the threshold. Since you are on OPT, that is one year, which might be too short, but when you get the STEM extension, the ~two years might be sufficient.

Good luck!

Hi all,

As the title says,I'm recently got married to a U.S Citizen and am currently working on OPT Extension. I was applying for GC and was wondering if I need to file affidivit of support(i864) since I am working full time and can support my self,or do I file the affidivit of support Exemption document


Thanks in advance

[uquad_copter]

You must have already earned 40 quarters (earned by yourself plus by your spouse during the time of marriage) in order to file I-864W.

Oh kk..got it ..thanks

I have been through the same process recently. My advice is: have your wife file the affidavit of support as the petitioner, and ask one of her parents or a close relative - not to raise any eyebrows - to fill another affidavit of support as the first joint sponsor.
The alternative is: if you live together with your wife (it's a must), you can include your income in her affidavit of support, and that would probably be sufficient. For this alternative you'd need a letter from your employer showing that you will be employed for a long time, forgot the threshold. Since you are on OPT, that is one year, which might be too short, but when you get the STEM extension, the ~two years might be sufficient.

Good luck!

for the first advice: is it really necessary for her parents to be a joint sponsor? or is it just to make the case strogn

for the alternative: I've been working for over 2 years in the same company ,on CPT then OPT then OPT extension(didnt specify that in the title). But we do not stay together yet.. can I still include my income in her affidavit of support?

Thanks alot