Can i file the I-864A form if I am a principal immigrant but my visa is expired?

Asked about 1 year ago - Stamford, CT

Hello.My name is Nick.I came in the US in 2011 on J-1 visa. My visa expired in September 2011; however, since then I have been working and paid my taxes, too. About 3 months ago I got married.Now, my wife wants to sponsor my green card but her income is lower then the poverty guidelines.My question is can I file I864A form with her given that I am not supposed to be working as my visa had expired? Thank you.

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . No, sorry. Any income you've earned cannot be taken into consideration, since you did not have the legal right to work.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Dana Roxana Bucin

    Contributor Level 15

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    Answered . No, you may not. You also may want to do this with the help of an attorney to make sure it's done right.

    This answer is provided for general education purposes only and is not intended to provide, nor does it provide,... more
  3. F. J. Capriotti III

    Contributor Level 20

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    Answered . Sorry, you can not use unlawful income.

    Also, have you checked to see if you have a 2 year home-return restriction?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Namita Agarwal

    Contributor Level 12

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    Answered . No unfortunately not. In your wife's cases she would require a separate cosignor.

    Agarwal Law Offices 3 Dundee Park, B10 Andover, MA 01810 www.agarwaloffices.com This information is for... more

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