My wife and I are filing the I-130 and I-485. I am the Principle/intending immigrant. I have no dependents and I am living and working INSIDE the USA with my spouse. I've read the instructions for I-864 but couldn't understand if I also need to fill out a I-864A.
The instructions for the Affidavit of Support are complex, and it is common for people to find them hard to understand. Additional information is needed in order to determine Affidavit of Support steps you and your wife should take. It would be wise to work with an immigration attorney who, after learning all of the relevant information about your wife, about her earnings, about you and about your marriage, would be able to advise about the steps that should be taken to prepare and fully document your marriage-based adjustment of status case.
David N. Soloway
Frazier, Soloway & Kennedy, PC
[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
Generally, if you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete Form I-864A only if you have accompanying dependents. However, Form I-864, Affidavit of Support is a complicated form and I would suggest you also seek legal advice from an immigration attorney to confirm that you are eligible to use your income.
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