QUESTION
Which form should I accompany the I130 and I485 application?
Asked on Apr 13th, 2012 on Immigration - Colorado
More details to this question:
I'm an unemployed US citizen petitioning for my wife who came here on a Student Visa. My wife works and has been working and paying taxes for more than 10 years. No previous work authorization was given to my wife. Which form should accompany the I-130 and I-485? Should it be the I-864 (regardless of my unemployment status) or the I-864W (assuming my wife has accumulated 40 credits with the Social Security Administration having worked for more than 10 years)
6 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You will need several forms including an I-765, G-325A for both of you, I-864, perhaps I-864A and a co- sponsor if your income is not sufficient. Your wife's income can only count if her employment was work-authorized and you have been residing together for 6 months or longer. Her employment that was not work-authorized cannot count so likely you will need a co-sponsor.
Answered on Apr 20th, 2012 at 1:57 PM
You file the I-864 (as the primary sponsor) but if your income is insufficient, you will need to get a joint sponsor to sign the affidavit of support on her behalf. If she is working and her income is sufficient, you can also submit I-864A. However, in addition to these forms there are some other forms and supporting documentation that will need to be submitted to the US in order to have a complete filing. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Apr 18th, 2012 at 2:32 PM
Assault Attorney serving Richardson, TX
2 Awards
You will need the affidavit of support and possibly a guarantee from another source if the income standards are not met.
Answered on Apr 17th, 2012 at 7:28 PM
Real Estate Attorney serving Frisco, CO
at
The Law Office of Eric A. Fisher, LLC
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You and your wife will each need to complete a form G-325, and you must complete a form I-864 with three years of tax returns. If your wife has been working with a valid visa or work authorization, her income can be used. If not, you will most likely need a co-sponsor.
Answered on Apr 16th, 2012 at 4:59 PM
Rebecca T White
You will need to file the I-130, I-485, G-325As for each of you, the medical form with supplement, and the I-864 and I-864A. You should also file the I-765, but not the I-131.
Answered on Apr 16th, 2012 at 4:43 PM
2 Awards
Yes, you must file the form I-864, even if your income is insufficient. If your wife's income was not obtained legally, then her income cannot be used to support the affidavit of support. You may need a joint sponsor if your income is insufficient. Of course you should consult with an immigration attorney to understand the permanent residence filing process and make sure that you are proceeding in the correct manner.
Answered on Apr 16th, 2012 at 4:42 PM