The adjustment of status process requires that you demonstrate that you will not become a "public charge." Consequently, you will need someone to execute an affidavit of support on your behalf. Your spouse must execute the I864 regardless of her income or tax compliance. If her income is not sufficient, you will then need a co-sponsor. As long as your co-sponsor meets the poverty guidelines, this will not be an issue.
Yes, this is fine. Your spouse will still need to fill out an affidavit of support, and then you will need a co-sponsor, who will also fill out an affidavit of support, and attach the required copies of income tax returns.
Contact immigration attorney Gintare Grigaite, Esq. at 646-407-2331. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
Even though your spouse does not meet the income requirements, as my colleagues state she will have to submit an affidavit of support and supporting documentation.
Consult with a competent attorney or BIA-accredited representative to make sure your adjustment petition is properly documented.
Daniel Green, Esq.
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This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.