QUESTION

Will my wife need this form I-864EZ along with the form I-130?

Asked on Apr 01st, 2013 on Immigration - Texas
More details to this question:
I came to US as a student but my status broke and get into immigration proceeding. My case is now approaching 2 years and Iโ€™m still in the country. I recently married a US citizen. My question is, my wife is not working, can my family help her pay fee to file the form I-130 for me?
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4 ANSWERS

Yes, anyone who is a US citizen or US permanent resident can act as a sponsor for affidavit of support purposes provided their income and/or assets are sufficient.
Answered on Apr 10th, 2013 at 8:29 PM

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Rebecca T White
You will need to discuss this more fully with an immigration attorney, but yes, family or friends may assist with the filing fees.
Answered on Apr 03rd, 2013 at 8:10 PM

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If you are in removal proceedings before an immigration judge, the I-864 is not filed concurrently with the I-130. The affidavit of support is not required until the I-130 has been approved. It is filed directly with the immigration judge when you apply for adjustment of status.
Answered on Apr 02nd, 2013 at 8:31 PM

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If you are currently in removal proceedings in immigration court, your wife can not use the standard procedure to petition for you. A special waiver request is required. I strongly recommend that you have an immigration attorney help you with this. If your wife does not make enough money to sponsor you she will need another sponsor who is a U.S. Citizen or Green Card Holder.
Answered on Apr 02nd, 2013 at 8:31 PM

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