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

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. 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.


  2. 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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. 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 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.


  4. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  5. 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. 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 legal advice. This comment does not create a client-attorney relationship.

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