Do I have to file an I-134, affidavit of support, for my illegal immigrant husband?

Asked about 1 year ago - Oakland, CA

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?

Attorney answers (6)

  1. Alexander Joseph Segal

    Contributor Level 20

    15

    Lawyers agree

    Answered . No. I864. You should not be going through this process on your own. Hire an immigration attorney. 245 i determination will not be easy at the interview.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

    14

    Lawyers agree

    1

    Answered . 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.

  3. F. J. Capriotti III

    Contributor Level 20

    10

    Lawyers agree

    Answered . I-864 ... from you.

    Additional I-864 from a joint sponsor that does make enough money.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    8

    Lawyers agree

    Answered . No, I-864 and with the assistance of a competent attorney to avoid apparent legal confusion.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Weronika Kowalczyk Costas

    Contributor Level 8

    8

    Lawyers agree

    Answered . 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.

  6. Patrick Ontiveros Cantor

    Contributor Level 4

    5

    Lawyers agree

    Answered . An I-864 is necessary, along with a join sponsor's I-864. You should hire an attorney since your situation presents various issues.

    This comment is general in nature and not intended for a particular situation. This comment does not constitute... more

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