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Have I to fill an I- 864 form if I don't meet the criteria under poverty guidelines table?

Orlando, FL |

I am filling an I-130 petition for my husband but I don't earn enough money to support him . We have a friend who filled out an I-864 form in order to act like my husband sponsor. Here is my question: Have I to sent to USCIS two I-864 forms, one from me and one from my friend even if my friend's income is enough to support my husband ?

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Attorney answers 7


Petitioners are always required to complete form I-864 whether they require a co-sponsor or not.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.



Alexus P. Sham (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


You are required to complete the I-864 as the petitioner. However you do not need to file it unless your spouse is filing an I-485 at the same time as your file the I-130.




Robert Brown LLC
Baldwin Park Center
4767 New Broad Street
Orlando, Florida 32814


If your are only filing Form I-130, petition for alien relative, at this particular stage, you need to submit documentation evidencing your martial relationship with your husband. You must submit a copy of your marriage certificate, if your or your husband were ever previously married, submit copies of documents showing all prior marriages were legally terminated, passport-style color photos of you and your spouse, taken within the last 30-days, a completed form G-325A, biographic information, one for you, and one for your spouse, documentation showing joint ownership of property, co-mingling of funds, and leases, birth certificates of any children born of the marriage, and affidavits of third parties having personal knowledge of the bona fides of the marital relationship. As one of my colleagues already stated, your I-864 financial affidavit will be submitted with Form I-485. You must submit one, but the joint-sponsor's income if sufficient will qualify this requirement if your income is to low. You should seek the advice of an experienced immigration attorney to prepare and submit your family-based petition.

The following response is not intended to be a substitute or legal advice. You should seek legal counsel to obtain legal advice regarding your question.


Yes, the petitioner (the one who signs the Form I-130} must always complete the Affidavit of Support (Form I-864], even if his or her income is "0".

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