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Questions about affidavit support (I-864) form

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  • Questions about affidavit support (I-864) form

    Hello,

    I'm a applying for adjustment of status ( I-130 and I-485, I-864, I-765). I have been married to a US citizen since 7 years and live together in the US with a one year old son . I have been working as a full time on H-1B visa progressively for 5 years . I have the following question about affidavit support (I-864) form: (I-864) form requires that the the petitioner (my wife ) to show sufficient proof to financially support the petitioner (me) . My wife doesn't have any income. I am ( the intending immigrant ) the only who works and my job salary is the only source of income. So my questions are:


    1. According to I-864, any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of working in the U.S. does not to fill I-864. So do I qualify for exempt of filling the I-485 based on the following facts: 5 years of full time employment and another 2 years of part time job as a graduate students (teaching assistant).

    2. Can my income which meet the poverty guidelines be used to help her meet the income requirements ( not to forget that I am on H-1B visa and my contract is renewed annually)?

    Thank you and I appreciate your help.
    mnsen

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