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Wife Is Throwing Monkey Wrench Into My Adjustment of Status. I am In Need of a Competent Immigration Lawyer.

Philadelphia, PA |

I have been married for about five month to my American wife. I have been in the country for about 9 years and working illegally ever seen but filed taxes every year. I lost my job and I don't have job anymore. My wife is an African-American. We got married, opened bank account together, bought and registered a car together, health insurance together, utility bills together on both of our names and we have pictures. I want to file concurrent form (I-485 and I-130). My wife told me she will never file taxes with me because it will affect her FAFSA and other benefits. She has given me necessary documents but said she won't be giving me her supporting document to file I-864 and 1040. She called me lazy and packed out today. I have no EAD.

Is it a must to submit a Form I-864 and 1040 to file?

Attorney Answers 4


  1. You mean your wife is willing to file an I-130 for you but refuses to file I-864? I-130 has no value without I-864.


  2. Yes she must submit the sponsorship form. This is an absolute requirement.


  3. You have a situation that could very easily deteriorate further. Avo has an excellent compendium of reputable licensed attorneys. You may peruse, compare and select a professional in the needed area of law by clicking on the tap above "find a lawyer,"
    Conversely, you may contact a local AILA Chapter and ask for a referral list of the respectable licensed immigration attorneys.

    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 773-562-8602


  4. Yes, the petitioning spouse must file an I-864 with supporting documents such as the most recent tax return.

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