i-864 Help. Petitioner is unemployed.

[acer99]

Hello,

My wife(US citizen) is unemployed and I am currently working fulltime on OPT. Can my wife's father fill the i864 form. If yes then does he also needs to fill i-864-A as well?

Thanks

[Frenchie Hernandez]

Hello,

My wife(US citizen) is unemployed and I am currently working fulltime on OPT. Can my wife's father fill the i864 form. If yes then does he also needs to fill i-864-A as well?

Thanks

Yes. Your wife and your father in law each have to fill out the I-864 form. (I-864 A is if you all live together). And your wife needs so send a letter attached to her I-864 form the reason of her unemployment and how long.

I was in the same situation and did just that. No RFE recived.

[acer99]

Yes. Your wife and your father in law each have to fill out the I-864 form. (I-864 A is if you all live together). And your wife needs so send a letter attached to her I-864 form the reason of her unemployment and how long.

I was in the same situation and did just that. No RFE received.

Why my wife has to fill I-864 when she isn't working?

and only my wife will be living with me so in that case who has to fill I-864A?

Thanks

[Frenchie Hernandez]

Why my wife has to fill I-864 when she isn't working?

and only my wife will be living with me so in that case who has to fill I-864A?

Thanks

The reason why your wife needs to file I-864 is because she is the one sponsoring your for your greencard. She will fill it out and report the years income has $0.00.(EX: if she has been unemployed for 3 years then she will have to put 2013/$0.00, 2014/$0.00, 2015/$0.00) Since she is unemployed she did not file taxes, so she will have to write an explanation letter. No one has to file for I-864A. If you were working and filed taxes then you could use your income and you will be the one filling for the I-864A to add both income. and if you do not work no need to.

PS: I am also on F-1 visa.

if its helps this is what I sent

Please accept this application for permanent residence by marriage to a U.S citizen.

Enclosed is the following:


• Form I-130 ($420)
• Form I-485 ($1,070)
• Form I-765
• Form I-864 - Affidavit of Support petitioner
• Form I-864 - Affidavit of Support joint sponsor
• Form G-325A (petitioner)
• Form G-325A (beneficiary)
• Form G-1145 (E-notification)
• 8 photographs (beneficiary)
• 4 photographs (petitioner)
• copy of passport (joint sponsor)
• copy of birth certificate (petitioner)
• copy of birth certificate (son with petitioner)
• copy of birth certificate (daughter with previous partner)
• Copy of my foreign birth certificate (original and translated)
• copy of driver license (petitioner)
• copy of social security card (petitioner)
• copy of social security card (beneficiary)
• copy of driver license (beneficiary)
• Check in the amount of $1490 made payable to the Department of Homeland Security
• Copy of divorce certificate
• Copy of passport (beneficiary)
• copy of F-1 Visa (beneficiary)
• copies of all I-20 (beneficiary)
• A copy of Form I-94 (beneficiary)
• Copy of photo of us (petitioner and beneficiary)
• Copy of anniversary cards (petitioner and beneficiary)
• Copy of joint account bank statement (petitioner and beneficiary)
• Copy of car insurance in both name (petitioner and beneficiary)
• Copy of Costco membership (petitioner and beneficiary)
• Copy of car registration (petitioner and beneficiary)
• Copy of previous divorce certificate (petitioner)
• Copy of previous marriage death certificate (petitioner)
• Letters from friends and family member
• letter explaining why taxes have not been filed year 2013 (petitioner)
• letter explaining why taxes have not been filed year 2014 (petitioner)
• letter explaining why taxes have not been filed year 2015 (petitioner)
• Copy Federal income tax return transcript year 2013 (beneficiary)
• Copy Federal income tax return transcript year 2014 (beneficiary)
• Copy Federal income tax return transcript year 2015 (beneficiary)
• Copy Federal income tax return transcript year 2013 (joint sponsor)
• Copy Federal income tax return transcript year 2014 (joint sponsor)
• Copy Federal income tax return transcript year 2015 (joint sponsor)