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Information needed on I-864

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  • Information needed on I-864

    Hi ,

    I am holding H1 and married to a US citizen . I want to apply for Change of Status and my wife will file I-130 for me .
    I have the following questions on the process .

    Our marriage is 2 months old and my wife does not work . I understand that she has to file I-864 (Affidavit of Support) for me . Can she use my income in I-864 ? I have worked in US last 4 years and I have all the documents . Is there any criteria , that we should be in the same household for at least 6 months before she can use my income ?

    Regards,
    Manas.

  • #2
    You can be a co-sponsor of the I-864. I think the forms is I-864AorB. I would recommend that you consult a lawyer in this process.

    My wife quit her job during my adj of status application because she was several months pregnant. My lawyer got us to prepare a new I-864 which included my income (the original 485 was filed just showing my wife's (citizen) income), which we were going to handover at the interview. At the interview, the interviewer looked at our joint income (our past tax filing and my W2) and said that we have enough income and her not working is not a big deal. I didn't get the sense, either from my lawyer or the USCIS interviewer, that length of time married had a bearing. We got married in Oct 04, filed I-485 in Jan 05 and had the interview in Jan 06. Wife quit working in Nov 05. I would consult a lawyer to clarify full details.

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    • #3
      Any Feedabc

      Hello Manas

      I am alos facingthe same situation. DId you find any info or help about this. I would really appreciate if you can share the same with me.

      Thanks
      Tahir

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