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Some questions regarding to Adjustment of Status and I-864.

San Francisco, CA |

I am married with a US Citizen. However, me and my wife (petitioner) cannot meet the income requirement. As such, we are looking for sponsor.

My uncle, a US citizen, is retired. He is married and a father of three but all his children are over 21 and independent.

1. Do my uncle's family members have anything to do with the household size in my case?

2. In my case, what is the household size? Me(intended immigrant), my wife (petitioner), and my uncle (the sponsor)?

3. If my retired-uncle cannot meet the income requirement because he is retired, are there any other solutions?
Such as combining his assets (the houses he owns, the cars he owns, and a good amount of cash on his bank account etc.)

4. In my case, which box should I check under Part 1 (Basis For Filing)?

Thank you!!

Attorney Answers 4


1. If he doesn't list them on his 1040, they can be ignored. Re-read the instructions closely.
2. Two = uncle + sponsored immigrant. Re-read the instructions closely.
3. Yes, there is an asset option. Re-read the instructions closely.
4. Re-read the instructions closely.

5. Consider paying an attorney for a consultation if you remain confused after you re-read the instructions closely.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- 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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Only his spouse would need to fill out form I864A if they file joint income taxes.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Schedule a consultation with an experienced immigration attorney.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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6. Do not forget to meet with a licensed attorney to review all your above issues to receive the correct guidance.

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 opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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