I-864 Question and General Question

[lakshya13]

Hi,

I am currently working on H-1(b) and my wife is becoming US citizen next month. Her Oath ceremony is scheduled and we changed her name.

My question is

1) Can I submit family-based green card on the next day with all documentation which has her old name? or I need to change her name everywhere before applying for a family-based green card?
2) My wife doesn't work and I am only working and owning a house as well. I know that I can use my income to file I-864. But I am confused as My wife has to show her income and if she can't then she needs to find some another sponsor. So My question is do we(Me and My wife) need to submit this form as Joint-sponsor? and If yes then technically I will be sponsoring my self. Which doesn't make sense. I am completly confuse and not sure how to fill up I-864 and what evidance we need to support.


Note: We been married for 3 years and we have a 1-year-old daughter.

[tauraos]

Hi,

I am currently working on H-1(b) and my wife is becoming US citizen next month. Her Oath ceremony is scheduled and we changed her name.

My question is

1) Can I submit family-based green card on the next day with all documentation which has her old name? or I need to change her name everywhere before applying for a family-based green card?
2) My wife doesn't work and I am only working and owning a house as well. I know that I can use my income to file I-864. But I am confused as My wife has to show her income and if she can't then she needs to find some another sponsor. So My question is do we(Me and My wife) need to submit this form as Joint-sponsor? and If yes then technically I will be sponsoring my self. Which doesn't make sense. I am completly confuse and not sure how to fill up I-864 and what evidance we need to support.


Note: We been married for 3 years and we have a 1-year-old daughter.

I think you should wait until you guys get naturalization certificate for her.

[lakshya13]

Thanks for the response. Yes, we are going to wait for her Oath ceremony. But my question is can I apply on the next day with her naturalization certificate, or do I need to wait for a few days?

It would be great if you can answer the second question. Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?

[newacct]

Thanks for the response. Yes, we are going to wait for her Oath ceremony. But my question is can I apply on the next day with her naturalization certificate, or do I need to wait for a few days?

It would be great if you can answer the second question. Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?

You can file it the same day as her oath after she gets the certificate if you want. No need to wait any number of days.

(Or she can file I-130 now before she naturalizes, and then you can file I-485 with a request to upgrade when she naturalizes; though that is more hassle with no benefit since she is so close to naturalizing.)

[lakshya13]

Thanks,

Can you also provide me an answer for below question?

Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?

[newacct]

Thanks,

Can you also provide me an answer for below question?

Basically, My wife has to file I-864 for me, but since she is not working she will be showing my income in I-864 (We been filing joint tax since we married), in that case do I need to submit I-864A, as technically if petitionar use household income then household person has to file I-864A. In this case I am the intending immigrant. Do I need to file I-864A?

no

[tauraos]

no

Good question.
But I have read sometimes USCIS asks for paystubs. I think it will be a good idea to put her on her i864 as unemployed and then in the same i864 put your income and joint taxes and then you file i864a. It?s more paper work but reduces chances for RFE. Of course I am no lawyer but personally I would do this

[newacct]

Good question.
But I have read sometimes USCIS asks for paystubs. I think it will be a good idea to put her on her i864 as unemployed and then in the same i864 put your income and joint taxes and then you file i864a. It?s more paper work but reduces chances for RFE. Of course I am no lawyer but personally I would do this

The OP should attach his pay stubs. But he does not need to file I-864A, and he should check the box on I-864 saying that he does not need to file I-864A because he is the intending immigrant.

[tauraos]

The OP should attach his pay stubs. But he does not need to file I-864A, and he should check the box on I-864 saying that he does not need to file I-864A because he is the intending immigrant.

You are right. Thanks for sharing the detail.

[lakshya13]

Thanks for the information. I was reading I-864 Instruction and they mentioned exactly the same you suggested.

Thanks !!!