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My wife (LPR) filed I-130 petition under F2A for me but she doesn't work. How do I manage affidavit of Sponsorship (I-864) ?

Kissimmee, FL |

My wife (LPR) filed I-130 under F2A for me. I'm filing I-485 petition but the problem is that my wife doesn't work & won't be working for the next few years. I'm on H1b. We got married last year & filed Tax Returns jointly as a married couple. I do make a decent amount, so the household income is fine & way above the poverty line. It's just 2 of us in the house & we don't have any dependents.

I still don't meet the 40 SSN credits as I have working on H1b for about 5 years.

1) Will the combined household income proof be enough ( 2012 joint Tax return + my current paychecks) for the petition ?
2) Do I need to find a joint sponsor friend? We don't have any relative here but one of friend who also makes decent money is willing to sponsor me if possible and needed.


Thanks in advance

Attorney Answers 4

Posted

If you have been together in the same household your joint income may qualify and you will not need a co sponsor. If you do need a co-sponsor any US citizen or Lawful resident with sufficient income may act as a co sponsor. The co sponsor does not need to be a relative. Beginning August 1, 2013 the F2A for spouse of a lawful resident is current. There is a good probability this will regress so be prepared to file between August 1, and August 31. The earlier the better but not before August 1.

321.208.7324
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Orlando, Florida 32814

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Posted

Do, I need to file I-864A in this case ? ( Wife LPR & not working ... We have no dependents)

Robert Louis Brown

Robert Louis Brown

Posted

yes

Posted

Is the priority date current?
Are you currently in lawful status?
Are you sure that you're eligible to file the I-485?

I suggest you meet with an attorney ... even if you were able to say yes to all 3 questions, you will probably need a joint sponsor. Yes, it can be a friend.

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.

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Yes for all 3 questions from you. Priority Date is current for everyone in F2A category for August and I do have a pending I-130 with a priority date assigned (NOA1) . I'm also in lawful status. Thanks

F. J. Capriotti III

F. J. Capriotti III

Posted

Then I strongly suggest you hire a lawyer tomorrow. It is predicted that that category won't stay current for too long.

Posted

1. Yes.
2. No. You are making more than enough by yourself, your Income is lawfully earned, you have lived in the same household together for more than 6 months = your income can be taken into account. You will not need any co-sponsor.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Thank you

Asker

Posted

Do, I need to file I-864A in this case ? ( Wife LPR & not working ... We have no dependents)

Posted

As long as you are authorized to work, your income will count for purposes of meeting the income requirements for I-864. You probably will not need a co-sponsor. I agree with my colleague above regarding being ready to file quickly to capitalize on the upcoming "current" visa availability in the F2A category.

William M. Cavanaugh Law Office of William M. Cavanaugh www.wmc-law.com (561) 283-2196 This posting does not create an attorney-client relationship and the answer is general in nature. You should contact an experienced Immigration attorney with the specific facts of your case.

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