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H-1(b) married to no working US Citizen - Question about affidavit of support?

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  • H-1(b) married to no working US Citizen - Question about affidavit of support?

    Hi All, I married my wife in 2015. My wife has a green card and she got her green from her previous husband. She becomes US Citizen in November 2018. I am on H-1(b) visa and would like to apply for green card based on her citizenship. After marriage, my wife decided to not work and spend some time with family. Currently, my wife doesn't work and she is staying at home to take care of our daughter. Our daughter born in 2016.

    I have the following questions.
    1) Since my wife is not working, she doesn't have any asset to sponsorer me. She doesn't have any relative in the USA. With this scenario how my wife can file an affidavit of support?
    2) I bought a house one month before our marriage. Since I was not married my house is under my name only. Would that be any problem with that?
    3) For tax return would it be ok, If I submit IRS TAX Transcripts for the last 3 years (2015,16,17), as I am planning to file 2018 TAX in March?


    Any insight would be helpful.

    Note: I am working on H-1(b) since Oct 2010, and my employer has applied for a green card on EB2 category with March 2011 priority date.

  • #2
    Originally posted by lakshya13 View Post
    Hi All, I married my wife in 2015. My wife has a green card and she got her green from her previous husband. She becomes US Citizen in November 2018. I am on H-1(b) visa and would like to apply for green card based on her citizenship. After marriage, my wife decided to not work and spend some time with family. Currently, my wife doesn't work and she is staying at home to take care of our daughter. Our daughter born in 2016.

    I have the following questions.
    1) Since my wife is not working, she doesn't have any asset to sponsorer me. She doesn't have any relative in the USA. With this scenario how my wife can file an affidavit of support?
    2) I bought a house one month before our marriage. Since I was not married my house is under my name only. Would that be any problem with that?
    3) For tax return would it be ok, If I submit IRS TAX Transcripts for the last 3 years (2015,16,17), as I am planning to file 2018 TAX in March?


    Any insight would be helpful.

    Note: I am working on H-1(b) since Oct 2010, and my employer has applied for a green card on EB2 category with March 2011 priority date.
    (1) You can use your income as part of the household too, since that will continue after you get your GC.
    (2) No.
    (3) By the time your interview comes along it would be well past March, so you will be asked for the transcript at that time. Also, if your wife applied for citizenship past November, expect her to become a citizen well after next March (going by the timelines of other members on this forum).
    Just an opinion; Not legal advice.

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