The petitioning U.S. citizen spouse must file an Affidavit of Support, even if she has no earnings. A joint sponsor must file an Affidavit of Support (with supporting documents), but the joint sponsor's spouse need not complete an Affidavit of Support if her income is not being relied upon for this process.
Especially if you and the joint sponsor may be unfamiliar with the proper process for completing and supplying supporting documents relating to the Affidavit of Support, it would be wise to engage an immigration attorney for assistance.
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David N. Soloway
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[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 & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * firstname.lastname@example.org
1. yes you need to file the I-864
2. yes joint sponsor must file
3. no the wife does not need to sign the I-864A
You should retain an attorney to due the process for you. Any mistake on your part will cause an undue delay in your case.
A family based petitioner is always required to complete an I-864 even if they do not have income. A co-sponsor must also complete one.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
1. Yes, as the petitioner you must complete & file an i864.
2. Yes, a co-sponsor must also complete & file an i864.
3. Based on the fact that the wife of the co-sponsor does not have an income and thus not being used to qualify, the wife if the co-sponsor does not need to complete & file the i864a.
Since there has been much confusion on completing i864s in a good number if cases, I recommend you retain an attorney to assist you in this matter.
Angelique Montes, Esq., Immigration Attorney in Houston, Texas. 832-378-7781. This is not legal advice and a client-attorney relationship is not created. 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. For a consultation call (832) 378-7781.