My wife just finished school and got hired but haven't gotten paid yet, she is filing form I-485 so I can become a resident.

Asked over 1 year ago - Los Angeles, CA

She doesn't have any proof of income or tax return because she has been in school for the past 6 or 7 years. We filed I-130 a month ago and now we are submitting form I-485 (I know we should've filed them together but we did not have the money) I came to the US 7 years ago on a visa and overstayed. We already have a friend who is going to be our co-sponsor, but my wife still has to file form I-864, so what do we submit?

Thank you for your answers!

Attorney answers (4)

  1. Jeffrey Jose Estrella

    Contributor Level 13


    Lawyers agree

    Answered . As long as your co-sponsor can show he or she makes enough to support you, it should be fine.
    Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . Yes, your wife needs to file an I-864

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Shachar S. Malachovsky

    Contributor Level 11


    Lawyers agree

    Answered . Your wife would file the form I-864 and I usually include a separate affidavit explaining why she has not filed federal income tax returns. If she has already started working then she should include income checks along with a letter from her employer about her income. It sounds like you will need a joint sponsor that will also need to fill an I-864 along with his/her federal income tax returns with w-2s and proof of current income and proof of US citizenship or green card. I would urge to consult with an experience immigration attorney before you file any more documents because in the long run your case can be delayed or possibly denied if you don't file properly.

    DISCLAIMER: The information you obtained in this answer is not, nor is it intended to be, legal advice and it... more
  4. Atoosa Vakili

    Contributor Level 6

    Answered . Yes, she needs to file the I-864 and provide as much documentation regarding her new job. You should have a co-sponsor as well with sufficient income/assets to make sure you meet the requirements. Good luck.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

31,188 answers this week

3,137 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,188 answers this week

3,137 attorneys answering