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I-485 Questions on Green Card via spouse

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  • I-485 Questions on Green Card via spouse

    We are getting ready to file to get my husband a green card but I have some issues.

    1. We no longer have his I-94
    2. His passport got washed so you can't see the stamps
    3. He out stayed his expiration date by several years

    He came in the country legally from England however without the I-94 how can I prove it? According to the instructions when filing the I-485 you have to present the I-94 and show his passport stamp. His passport has not expired but will be next year so I need to figure this out very soon.

    My next issue is I just got laid off at the end of February and have yet to find a job. Since I am on unemployment am I still going to be able to apply as the financial supporter? Between what I made in Jan & Feb and my unemployment I qualify for the 125% above poverty. I am thinking about starting my own business but from what I read I have to show tax information to prove my income. If I am just starting the business how can I show proof of income? Can I use bank statements for the business and use my previous tax records for the other years?

    Any advice would be greatly appreciated.

  • #2
    Is this regarding adjustment of status married to a US citizen?
    Is so:
    1.You will need to file for I-102, which is replacement of I-94 first (this will take about 3 months or so, and his overstay is fine as long as this is married to a US Citizen).
    2. Regarding your Affidavit of Support (financial support), you will need to provide 2008 tax return, and if you have your own business, you will need to have income of 125% above poverty from the business and get paid from your business. Include two most recent pay stub. If you don't make enough from your business, you will need a co-sponsor. You are the sponsor regardless if you have a job or not, and then you will need a second sponsor who meets the income requirement (which will be the co-sponsor). So you will need to submit two (2) I-864.

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