Few questions on filing I-864.

[96cs260]

Hi All,

I have been following this forum for quite sometime now, Thank you all for your suggestions, opinion's etc...this is really very helpful.

My wife is an USC and want to apply for my GreenCard through family based immigration. I am currently on H1B visa since 2006.

Questions on I-864:
Q 22: My wife is a student and does not have any income, can she put herself as unemployed and write the date she is umemployed from?
Q 23: If she puts herself as unemployed in Q22, should she mention her income as "0.00"in Q23?
Q 24: Can my wife put my income in 24a (as her income is 0.00), if so should she mention my name in 24b? Also If she puts my name in 24b, should I fill up form I-864A?
Q 25: My wife has filed her tax along with me in 2006 & 2007, can she write our combined income.. as she has no income?

Like: 2008: combined income
2007: combined income
2006: combined income

Also, It would be great if you can point me to some checklist in immihelp or somewhere for concurrent filing of I-130 & I-485.

Thanks in Advance!

[johngrnmn]

I hate to say that but you'll most probably need a lawyer because it seems a complicated situation. You wife is a student so is unemployed. She can't be your sponsor! But if she had some annual income she'll have to sign one I-864 anyway. Then you could also support yourself if your income will continue after you file. This is what it says there in the instructions for joint sponsor because this is your case. You need a joint sponsor. But when does your H1B expire and how will the Immigration Officer handle this case is unknown because he will want to make sure that you have permanent income. To me the income that comes due to a visa is not permanent. Anyway the IO might differ in his opinion. The best and safest way (if you don't wanna spend money on lawyers as it seems to me) is to find a UScitizen or greencardholder who will agree to be your jointsponsor and sign another I-864 besides the one from your spouse. Just read the instructions on jointsponsor! If you can find such a person you;re good. This person's annual income should be no less than $17500. Check I-864P the poverty guidelines.
But as you can see it is very complicated and I can't see the details in your case to judge correctly. You can certainly follow the instructions and fix it all yourself but if you go wrong anywhere if you misinterpret something this might lead to complications, delays or even the worst (I hope not). That is why I advise you to consult an attourney if you don't wanna take the risk. Otherwise, if you have enought time to waste around and are not worried about the timeframes of the process go ahead and work on your own.I don't take responsibility.
Good luck!

[aashishpooja]

the answers to all your question is YES.
your wife is perfectly eligible to file for your g.c
an intending immigrant can show his assets (or income) for the affidavit of support. your wife doesnot need to have income.(meaning if your income is over 17,500 per annum its suffiecient.)
you are the joint sponsorer. you sholud file 864A. please read 864a instructions. its very clear. you should check 8 a (I'm the intending immigrant and also sponsor's spouse)

hope this helps.

[96cs260]

Thank a lot 'Johngrnmn' & 'Aashishpooja' for the quick response.

My H1B visa expires on 12/23/2009 and I am eligible for another 3 yrs extension. Also my income is way above the poverty guidelines.

Actually in the form I-864, it states that if the beneficiary(intended immigrant) is the spouse of the USC, then the sponsor can use the beneficiary's income and need not fill I-864A.

This was the reason I was not planning on filling the 864A, but now I am totally confused.

Please advice.

[johngrnmn]

OK, here's what I'd do.
Try to fix all aplications yourself the way you see them and when it comes to the hardest part which is I-864 get you taxreturnforms adn W2s and those of your spuse and go to an immilawyer. Just ask for one conslutation which shouldn't cost you more than $100. You can disciss it all with the lwayer within no more than 1 hour and the man will have personal approach on your case so by this way when you mail your package to USCIS you can rest assured that you have done your best and can expext the best.
Good luck!

[jain_pk]

1. Your household income CAN be used for I-864.

2. Since you are on H1 and have been working and make more than minimum income requirement ( I think around 20K for family of 2 - don't quote me on this), your income is included in household income.

3. Even though its confusing, you DO NOT NEED to file I-864A since you are the spouse of USC. I know both I-864 and 864A contradict each other.

4. Your guys can include a small note along with I-864 explaining that the reason for your wife not having any income is coz she is a student.

Remember, the only income you need is combined household income.

[96cs260]

Thank you all very much, I think its clear for me now.

It would be great if anyone could point me to some checklist for I-130 & I-485concurrent filing.

Thanks again!!

[gopal1978]

Form I-864 ?

I need help. My wife is US Citizen and I am as well. She apply for her parents and NVC sent mail to pay AOS fee which we have paid. On the Document cover sheet state fill the Affidivat support form.

1. My wife does not work.
Does she needs to fill out I-864 form and Spouse need to fill I-864A.
When filling form what check box to select in I-864 Part I and Part 3

Form I-864A Part 1 Quesiton. 8 what to select.
Can you please help?

Thanks