I-864

[Reno911 0]

Hi, I am PhD student living in the US with an F1 visa married to an American citizen. I work for the State of Florida as a teaching assistant. We. my wife and I, want to apply for adjustment of status. Am I, or my wife, supposed to file form I-864?

Many thanks.

[MrsSkull 0]

Your wife will fill out the I-864 as the US Citizen since she will be sponsoring your adjustment of status. Hope that helps!

[JimVaPhuong 4,863]

Hi, I am PhD student living in the US with an F1 visa married to an American citizen. I work for the State of Florida as a teaching assistant. We. my wife and I, want to apply for adjustment of status. Am I, or my wife, supposed to file form I-864?

Many thanks.

Your wife is a US citizen. She can't file for adjustment of status. Yeah, I know - it's a nitpicking point, but it's important to make the distinction between who will file for what.

Your wife will file an I-130 petition for an immigrant visa. This is necessary to establish that an immigrant visa is available for you - otherwise, you aren't eligible to adjust status. Either simultaneously, or after the I-130 petition is approved, you will file an I-485 application to adjust status. Your wife will submit an I-864 affidavit of support with your I-485 application.

Click the "Guides" link at the top of the page. There are detailed guides for filing the I-130, as well as the adjustment of status. After that, read the threads in the OTHER adjustment of status forum - this one is mainly for people adjusting from family based visas, which is pretty much limited to K visas.

[Reno911 0]

Thanks, this did indeed help. However, I don't see how we're able to show that my and her income for 2007 till 2009 was above the poverty line. They only ask for her IRS tax returns, not for mine. Hers alone is not enough, since my income was much higher than hers.

[JimVaPhuong 4,863]

Thanks, this did indeed help. However, I don't see how we're able to show that my and her income for 2007 till 2009 was above the poverty line. They only ask for her IRS tax returns, not for mine. Hers alone is not enough, since my income was much higher than hers.

Have a good look at the I-864. First, page 2 of the instructions:

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

You include your income in part 24 of the I-864.