QUESTION
If we are filling for a green card, will my wife need a core-sponsor as she is not working?
Asked on Nov 10th, 2013 on Immigration - Texas
More details to this question:
I'm authorized to work here in the USA. I got married to an American who is not working. My question is, if we are filling for a green card, will my wife need a core-sponsor as she is not working? I earn enough money myself but I want know if my wife will need a sponsor (form 864)?
8 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If you are authorized to work in the U.S. through a non-immigrant status (not through your marriage-based application for adjustment of status), your income counts on your wife's Form I-864 Affidavit of Support. If the income is above the federal poverty guideline for your family size, then you don't need a co-sponsor.
Answered on Nov 14th, 2013 at 5:12 PM
You will need to have the affidavit of support filed on your behalf and your wife, as the petitioner, will be the primary sponsor. However, if she does not have an income or her income is insufficient, you may be able to use your own income or get a joint sponsor to sign the affidavit of support on your behalf.
Answered on Nov 13th, 2013 at 2:11 PM
Immigration Attorney serving Downey, CA
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Herrera & Juelle LLP
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If you are working in the US with authorization, your earnings can count towards the amount needed under the affidavit of support for your wife to sponsor you. If your earn enough on your own to qualify, then the fact that she is not working should not be an issue.
Answered on Nov 13th, 2013 at 2:10 PM
Probably not, you can be on the affidavit.
Answered on Nov 12th, 2013 at 12:04 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your wife is not working, you can use up to 2 joint sponsors to meet the minimum income requirement. The joint sponsors will need to complete form I-864 and submit proof of employment and their most recent tax return. If the joint sponsor(s) will be including the income of household member(s), the household member(s) will need to submit form I-864A.
Answered on Nov 12th, 2013 at 11:36 AM
If your income is sufficient, then it can be included in your wife's I-864 and she would not need a co-sponsor. I'd recommend you read the I-864 Instructions which address how the immigrant's income can be included.
Answered on Nov 12th, 2013 at 11:36 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Whether you can sponsor yourself depends upon what type of visa you are on. You may need a joint sponsor but this should be evaluated by an attorney.
Answered on Nov 12th, 2013 at 11:36 AM
Bruce A. Coane
Generally, yes, the petitioning USA citizen spouse must file a form I-864 whether working or not.
Answered on Nov 12th, 2013 at 11:36 AM