QUESTION

Is there a disadvantage of completing the I-864A?

Asked on Jan 31st, 2011 on Immigration - California
More details to this question:
What is the disadvantage of completing I-864A by spouse? My petitioner(husband) is unemployed right now, however my income is well enough. Will this affect me in the future?
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2 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
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The Petitioner is required to file the I-864 even if no income. If you are the Beneficiary you are only able to file I-864A if your income has been from a lawful source and you have been residing together for at least six months. If not, you will need a co-sponsor who also files an I-864 + I-864A if married and filed a joint tax return. Signing the I-864 or I-864A is a contract with the government that is in effect until the Beneficiary has 40 quarters of Social Security income or has become a U.S. citizen. If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answered on Feb 21st, 2011 at 2:57 PM

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Immigration Attorney serving Torrance, CA at Marie Michaud, Attorney At Law
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Husband must complete the I-864, even if unemployed. If you are legally authorized to work, you complete the I-864A. If you are not authorized to work, you need a co-sponsor to file another I-864. This co-sponsor must either be an American citizen or a green card holder and meet the income requirement. Good luck.
Answered on Jan 31st, 2011 at 6:43 PM

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