Can I get out of having to do the I-864? I'm a full-time student applying for an adjustment of status for my husband.

Asked over 1 year ago - Cedar Rapids, IA

I-864. I can't afford to support three people alone. I have no one to help us. If he could work we could meet the income guidelines but he's not legal to work in the U.S. so he can't. Is there any way he can acquire a work permit first so we can put our incomes together?

Attorney answers (3)

  1. Barbara A Marcouiller

    Pro

    Contributor Level 15

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    Answered . You will need to find a co-sponsor. It can be any U.S. citizen or permanent resident at least 18 years of age living in the U.S. That person will need to meet the income requirements for their household size counting their spouse, dependents, and the sponsored immigrant. The government has 90 days to give him the employment authorization once everything is filed. At that point, if he is working at the time of the interview, then he can bring an updated affidavit of support and evidence of his income, and you can attempt to withdraw the first affidavit of support and substitute the new one. It's a bit tricky, and sometimes they officer doesn't want to do it. However, you will need to have a co-sponsor, so the application won't be rejected initially.

    This reply is intended only as general information and does not constitute legal advice in any particular case.... more
  2. Geoffrey Alan Hoffman

    Contributor Level 16

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    Answered . Your question is answered in the instructions (page 2). See "Can the Intending Immigrant Help Me Meet the Income Requirements?" Be sure to seek help from an excellent attorney in your area as well. Be sure to read carefully all the instructions and forms.

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his... more
  3. Andrew Marino Bramante

    Contributor Level 15

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    Lawyer agrees

    Answered . There is usually a way to do this. You should speak to an experienced immigration attorney who has helped people with this in the past.

    You should always consult with an experienced immigration attorney to make certain that the advice you received is... more

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