More details to this question:
I am a UK citizen engaged to a US citizen. I am currently in the US on the visa waiver program, and proposed while here. Also, because we don't want to be apart, we now have plans to be married by an ordained minister before my visa expires, and I will be applying to stay in the country as her spouse. I have forms I-130, I-131, I-485 & I-765 to complete and submit together, but I am wondering if I need to have my sponsor complete and submit form I-864 at the same time, or wait until the NVC requests it?
2 ANSWERS
If you file everything concurrently from within the US, the NVC does not get involved. Everything would just be filed all together to USCIS.
Answered on Jul 27th, 2015 at 7:23 AM
Best wishes for your marriage and plans to reside in the U.S. The Form I-864 Affidavit of Support, with its own supporting documents, should be filed with the full adjustment of status suite of applications and their own supporting documents (note: in the event your soon-to-be wife does not have sufficient documentable income for I-864 purposes, then it may be necessary also to have a joint sponsor with his/her own Form I-864 and supporting documents too). Especially since you are not thoroughly familiar with the application process, I recommend that you and your fiance work with an immigration attorney to help you meet your immigration-related goals. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jul 23rd, 2015 at 10:21 PM