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I864 question for unemployed petitioner

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  • I864 question for unemployed petitioner

    Hi.
    I am a USC applied for my father. Currently I need to get AOS. I am unemployed for past few years but my spouse has more than enough required for the application. We file taxes Married Filing Jointly. Should I file I-864 or it will be my spouse or both of us ?

  • #2
    The petitioner MUST file a I-864, and your spouse should fill I-864A and submit this together.
    Because you filed joint, you can show the value from your join tax transcript in the form.
    In part 6, question 7, put $0 because that question asks "individual" income. In question 8, include your spouse's income. In 24 a,b,c include the value from your join tax returns.

    As per my understanding you spouse doesn't need to file a separate I-864, because you and your spouse are part of the same household. Spouse only needs to file I-864A.
    Disclaimer: This was not my exact situation, but this is my understanding. I recently filed I-864.
    F2A, Spouse of LPR. Center NBC. FO Seattle
    1/19/20 I-130 filed online
    8/10 I-485,I-131,I-765 sent
    9/05 Got I-797 receipts
    9/14 Got RFIE for lack of I-864
    9/22 Sent response
    10/9 Got I-693 Deficiency Notice
    11/13 Got RFE for lack of I-944
    11/20 Sent I-944
    7/13/21 Got biometric notice
    8/9 Biometric day
    8/13 Ready to be scheduled for interview
    3/1/22 I-130 approved
    3/1 Got RFE for medicals
    3/7 Sent RFE
    3/14 Got EAD
    4/9 Got green card

    Comment


    • #3
      Thanks Sandeep ! Appreciate it. It makes sense what you have mentioned. I will go ahead with it.

      Comment

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