QUESTION
Do I need to submit an I-864 as well even though I'm not sponsoring him and will I also have to pay the $400 fee as well as my parents?
Asked on Jan 08th, 2014 on Immigration - Texas
More details to this question:
I recently got married. My husband has a student visa. We have started the paperwork for his green card but are having some issues. I do not make enough to be his sponsor. This is what has been submitted so far: Both him and I have submitted a G-325. I have submitted an I-130. My dad who is my husband’s sponsor, have submitted an I-864. We got a response from UCIS saying: form I-864 was submitted, however it was not from the petitioner/sponsor. Please submit a completed I-864 for the owner/sponsor listed on form I-864. On the first page, do I check the box 1. a I am the petitioner, and my dad checks the box 1.d I am the joint sponsor? Finally, are those all the documents that need to be submitted?
2 ANSWERS
If your husband is here and wants to adjust status to permanent residence, he also needs to file I-485 as the I-130 by itself does not grant him any status. As for the affidavit of support, even if your income is insufficient to be the sole sponsor, you as the petitioner have to submit the affidavit of support anyway.
Answered on Jan 23rd, 2014 at 9:06 PM
Bruce A. Coane
It's like doing a complicated tax return by yourself. I definitely do not recommend it. If you are trying to get your husband a green card and you are a U.S.A citizen, you are required to file an I-864, even if your income is zero. It makes no sense, but that's how they interpret the law. And, if your dad is kind enough to do an I-864 too, that's great.
Answered on Jan 10th, 2014 at 7:17 PM