I am trying to petition my husband using form I-130 along with the G-325A and I-485 forms. From what I understand he falls under the category of 245(i) protection. My husband is the only one working and I receive Social Security Disability. I am reading that I need to file an I-134, but how can I show that I am able to support him financially when he is the one working? I am very unclear as to what I need to do in this circumstance. Also, how do I find out how much penalties?
You need an I-864 and you will need a co or joint sponsor.
Depending on why your husband is illegal he may also need a waiver and should qualify under the provisional waiver program.
It sounds like you are going to need some assistance in filing. I suggest you find an experienced immigration attorney or look for a non profit organization that may assist you.
I agree with my colleagues that you should consult with an immigration attorney to help you through this process. Eligibility to adjust under 245(i) is very complex and requires documentary proof, including physical presence in the U.S. on a certain date in some instances.
As to the affidavit of support, you need to file an I-864 even though you do not make enough, and then get an I-864 from a joint sponsor who does make enough (125% or higher of poverty line for number of people in sponsor's household plus your husband) (see poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf) The joint sponsor does not have to be a relative, but does have to be a U.S. citizen or Lawful Permanent Resident.
Again, I think it's best to get an immigration attorney's help with this.
Get free answers from experienced attorneys.
24,130 answers this week
2,489 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary