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Can a potential employer fill the i-864

Atlanta, GA |

Hello, during the immigration process based on i-130, we were asked to submit affidavit of support, can a potential employer be the joint sponsor in addition to my wife (who's currently unemployed)? Which form do we need to use? Thanks

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Attorney answers 4

Posted

In a family-based adjustment of status case, generally any U.S. citizen or Permanent Resident living in the U.S. who has sufficient income and is willing to assume the legal obligations may serve as a joint sponsor and supply a signed Affidavit of Support (with appropriate supporting documents). A U.S. citizen who employs the applicant or the applicant's spouse certainly could qualify.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway

Asker

Posted

Thank you. If show that i have a contract with the company for employment, would this be enough?

David Nabow Soloway

David Nabow Soloway

Posted

No, evidence of the foreign national's employment contract would not take the place of proper Affidavit(s) of Support. It would be wise for you and your wife to engage an immigration attorney to address these issues.

Posted

Any US citizen or permanent resident who resides in the U.S. and whose income is sufficient, can sign.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

No. You you can do though, is read the instructions to the form. The answer was there.

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.

Posted

Yes, any U.S. citizen or permanent resident can sign an I-864. There is no requirement that it be a friend or relative.

Asker

Posted

Thank you very much, can my contract with the employer (proof of employment), be enough?

Ajay Kumar Arora

Ajay Kumar Arora

Posted

No. I-864 with supporting documentation such as copy of latest federal tax return, W2 or 1099, recent pay stubs and employment verification letter of the employer will be required as well.

Asker

Posted

Thank you, But what if the employer has less than 1 year of work, and haven't yet filed any tax returns?

Ajay Kumar Arora

Ajay Kumar Arora

Posted

Contact information for an immigration attorney is in Avvo or at www.ailalawyer.com

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