I entered the US legally in 2013 on an F1 student visa and graduated from college in May 2017 and started working as a software engineer on OPT EAD. I'm currently on my STEM OPT extension for 24 months which begun in June 2018. I got married to a US citizen in Feb 2018 and I'm about to file for my green card, adjustment of status and EAD. My question is, in submitting the immigration documents for green card and adjustment of status, do I or my wife need to fill out the I-864 (or even I-864w), Affidavit of Support Under Section 213a of the INA? Or that form is not even needed at all in my situation? Note, my wife currently does not work and I'm the primary breadwinner of the family.
You are obligated to include a form I-864, supplemental forms, and related evidence. Otherwise, your application may be rejected, denied, or there can be a request for further evidence thereby delaying action on your application and the marriage based petition.
The form I-864, along with supplemental forms, can get very complicated. This is true when a joint sponsor is required. As a result, I strongly recommend that you hire a competent and experienced immigration attorney. Good luck.
This is general information, not legal advice, and does not create an attorney client relationship.
Your wife needs to submit I-864. In addition, you will need a joint sponsor as your wife is not working. Try to submit your case before September 11, 2018.
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