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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.

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. As long as your co-sponsor can show he or she makes enough to support you, it should be fine.
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  2. 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 should not be construed as a formation of a client-attorney relationship or legal representation, which can only occur after the execution of a formal engagement letter or retainer agreement. For a FREE Consultation call (212) 804-5770 or visit us at www.StatusImmigration.com


  3. 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 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.


  4. 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.

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