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

Asked 12 months ago - 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. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . 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... more
  2. Alexander Joseph Segal

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  3. F. J. Capriotti III

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more

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When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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