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I-864 Question and General Question

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  • I-864 Question and General Question

    Hi,

    I am currently working on H-1(b) and my wife is becoming US citizen next month. Her Oath ceremony is scheduled and we changed her name.

    My question is

    1) Can I submit family-based green card on the next day with all documentation which has her old name? or I need to change her name everywhere before applying for a family-based green card?
    2) My wife doesn't work and I am only working and owning a house as well. I know that I can use my income to file I-864. But I am confused as My wife has to show her income and if she can't then she needs to find some another sponsor. So My question is do we(Me and My wife) need to submit this form as Joint-sponsor? and If yes then technically I will be sponsoring my self. Which doesn't make sense. I am completly confuse and not sure how to fill up I-864 and what evidance we need to support.


    Note: We been married for 3 years and we have a 1-year-old daughter.

  • #2
    Originally posted by lakshya13 View Post
    Hi,

    I am currently working on H-1(b) and my wife is becoming US citizen next month. Her Oath ceremony is scheduled and we changed her name.

    My question is

    1) Can I submit family-based green card on the next day with all documentation which has her old name? or I need to change her name everywhere before applying for a family-based green card?
    2) My wife doesn't work and I am only working and owning a house as well. I know that I can use my income to file I-864. But I am confused as My wife has to show her income and if she can't then she needs to find some another sponsor. So My question is do we(Me and My wife) need to submit this form as Joint-sponsor? and If yes then technically I will be sponsoring my self. Which doesn't make sense. I am completly confuse and not sure how to fill up I-864 and what evidance we need to support.


    Note: We been married for 3 years and we have a 1-year-old daughter.
    I think you should wait until you guys get naturalization certificate for her.
    Concurrently filed i130, i485, i131 and i765 at Chicago
    Package Sent to USCIS - 03/08/2019
    Received by USCIS - 03/12/2019
    i130, i131, i1765, i485 accepted - 3/12/2019
    Fingerprint fee received - 3/14/2019

    Comment


    • #3
      Thanks for the response. Yes, we are going to wait for her Oath ceremony. But my question is can I apply on the next day with her naturalization certificate, or do I need to wait for a few days?

      It would be great if you can answer the second question. Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?

      Comment


      • #4
        Originally posted by lakshya13 View Post
        Thanks for the response. Yes, we are going to wait for her Oath ceremony. But my question is can I apply on the next day with her naturalization certificate, or do I need to wait for a few days?

        It would be great if you can answer the second question. Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?
        You can file it the same day as her oath after she gets the certificate if you want. No need to wait any number of days.

        (Or she can file I-130 now before she naturalizes, and then you can file I-485 with a request to upgrade when she naturalizes; though that is more hassle with no benefit since she is so close to naturalizing.)

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Thanks,

          Can you also provide me an answer for below question?

          Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?

          Comment


          • #6
            Originally posted by lakshya13 View Post
            Thanks,

            Can you also provide me an answer for below question?

            Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?
            no

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post
              no
              Good question.
              But I have read sometimes USCIS asks for paystubs. I think it will be a good idea to put her on her i864 as unemployed and then in the same i864 put your income and joint taxes and then you file i864a. It?s more paper work but reduces chances for RFE. Of course I am no lawyer but personally I would do this
              Concurrently filed i130, i485, i131 and i765 at Chicago
              Package Sent to USCIS - 03/08/2019
              Received by USCIS - 03/12/2019
              i130, i131, i1765, i485 accepted - 3/12/2019
              Fingerprint fee received - 3/14/2019

              Comment


              • #8
                Originally posted by tauraos View Post
                Good question.
                But I have read sometimes USCIS asks for paystubs. I think it will be a good idea to put her on her i864 as unemployed and then in the same i864 put your income and joint taxes and then you file i864a. It?s more paper work but reduces chances for RFE. Of course I am no lawyer but personally I would do this
                The OP should attach his pay stubs. But he does not need to file I-864A, and he should check the box on I-864 saying that he does not need to file I-864A because he is the intending immigrant.

                This is my personal opinion and is not to be construed as legal advice.

                Comment


                • #9
                  Originally posted by newacct View Post
                  The OP should attach his pay stubs. But he does not need to file I-864A, and he should check the box on I-864 saying that he does not need to file I-864A because he is the intending immigrant.
                  You are right. Thanks for sharing the detail.
                  Concurrently filed i130, i485, i131 and i765 at Chicago
                  Package Sent to USCIS - 03/08/2019
                  Received by USCIS - 03/12/2019
                  i130, i131, i1765, i485 accepted - 3/12/2019
                  Fingerprint fee received - 3/14/2019

                  Comment


                  • #10
                    Thanks for the information. I was reading I-864 Instruction and they mentioned exactly the same you suggested.

                    Thanks !!!

                    Comment

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