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

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

Posted

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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

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 informational and educational use only and does not establish an attorney-client relationship.

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Posted

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, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

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