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Can i file the I-864A form if I am a principal immigrant but my visa is expired?

Stamford, CT |

Hello.My name is Nick.I came in the US in 2011 on J-1 visa. My visa expired in September 2011; however, since then I have been working and paid my taxes, too. About 3 months ago I got married.Now, my wife wants to sponsor my green card but her income is lower then the poverty guidelines.My question is can I file I864A form with her given that I am not supposed to be working as my visa had expired? Thank you.

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Attorney answers 4

Best Answer

No, sorry. Any income you've earned cannot be taken into consideration, since you did not have the legal right to work.

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Sorry, you can not use unlawful income.

Also, have you checked to see if you have a 2 year home-return restriction?

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No unfortunately not. In your wife's cases she would require a separate cosignor.

Agarwal Law Offices 3 Dundee Park, B10 Andover, MA 01810 This information is for informational and educational use only and does not establish an attorney-client relationship.


No, you may not. You also may want to do this with the help of an attorney to make sure it's done right.

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