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Application Process for marriage base green card

Kansas City, MO |

I am aware that for marriage base green card, I need to file the Form I 130 and Form I 485. My question is, when do I file the Affidavit of Support (form I 864)?

Thanks

Attorney Answers 4

Posted

Who are you petitioning?

Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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Luis Alberto Guerra

Luis Alberto Guerra

Posted

Are you a US citizen?

Asker

Posted

I am on a student visa, my fiance is a US citizen. And since he is not working we need to find a co sponsor. My question is : when do we submit the affidavit of support after the Form I 130 and Form I 485.

Luis Alberto Guerra

Luis Alberto Guerra

Posted

You US citizen spouse must file the affidavit of support (I-864) regardless with your original adjustment package. You should send the joint sponsor's I-864 along with the adjustmetn package. If you don't do it you will get a Request for Initial Evidence (RFE) to send it. You do not want an RFE because it causes unnecessary delay. Good luck!

Asker

Posted

Thank you so much. If my spouse does not meet the minimum income requirement, do I only need an additional joint sponsor?

Posted

you file it all together. it has gotten to be a pretty complex mess when it comes to adjustment of status. find yourself an attorney to get it done right. if you are denied you could wind up in deportation proceedings

The advice that I give in each answer or legal is not intended to take the place of an in person consultation. A complete answer takes an in depth interview. After all, it is a life that is at stake. If you are in another city that I do not service ask me and I might be able to recommend you an attorney there. In general, in Houston, I recommend Adan Vega or Bruce Coane, Specialists. In Dallas I recommend Richard Fernandez or Yong Wood highly skilled and experienced.

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Posted

With the I-485

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

you did not give any answer before recommending an attorney ,at least you should say at what point to file 1-- 864

Posted

Affidavit of support is usually included in the adjustment of status package (form I-485). You also need to be aware that the process requires more than filling out two forms. There are more forms and supporting documents to be included in your filing. If you are not sure how to prepare the documents, please read all instructions carefully or consider hiring an attorney. Otherwise, your filing fes may be lost due to incorrectly filed application.

Nothing in this post shall be construed as a legal advice. If you need advice regarding your particular situation, please contact my office directly. This information is transferred without an intent to creat an attorney-client relationship.

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