I 864 Question

[Tiger_M 0]

Hello,

I came here in US on F1 in 2007 and now I am on H1B Visa, working in US from last 3.5 year.

recently we got married and my wife is U.S. citizens. we are not living together but I am preparing file for green card so with EAD I can find job easily where she doing study. I got stuck at I864. My wife is student and she work part time and have internship for 3 month. I have sufficient income (59K).

So, How I can file I864 ? Do I have to file I 864A ? Who will be primary sponsor in my case ?

[Darnell 8,479]

your wife is primary sponser. She'll need to get a co-sponser/joint sponser.

[Anh map 2,098]

Hello,

I came here in US on F1 in 2007 and now I am on H1B Visa, working in US from last 3.5 year.

recently we got married and my wife is U.S. citizens. we are not living together but I am preparing file for green card so with EAD I can find job easily where she doing study. I got stuck at I864. My wife is student and she work part time and have internship for 3 month. I have sufficient income (59K).

So, How I can file I864 ? Do I have to file I 864A ? Who will be primary sponsor in my case ?

Wife is the sponsor. She completes the I-864. Your income can be included (line 24) along with hers as long as you are still employed at the interview.

*Moved from Adjust Status - Family Visa forum to Adjust Status - Work, Student, Tourist forum*

Edited July 29, 2012 by Anh map

[Little_My 464]

your wife is primary sponser. She'll need to get a co-sponser/joint sponser.

They won't need a joint sponsor if the husband makes 59K/year and that income will continue after he receives the GC - given that he has been working here with an H1-B for over three years, I would think this is pretty likely.

[SOflaherty 40]

Agreed, as he is on H1B(so long as it's not expired) he is working legally, so they can use his income as well.

[Tiger_M 0]

Thank you all,

Yes I am working here in USA legally last 3.5 year and my H1b exp. in Sep 2013.

I was little worried because of right now my wife and me not leaving together. But If I get EAD then It will be much more easy to find job in area where she is.

One more Question I have, My wife is USC and she is doing internship (until Aug end.). So do I have to just put her current income as well Mine(H1b) current income or last year income from W2 ?

Thanks for your advise,

Edited July 31, 2012 by Tiger_M

[Anh map 2,098]

Thank you all,

Yes I am working here in USA legally last 3.5 year and my H1b exp. in Sep 2013.

I was little worried because of right now my wife and me not leaving together. But If I get EAD then It will be much more easy to find job in area where she is.

One more Question I have, My wife is USC and she is doing internship (until Aug end.). So do I have to just put her current income as well Mine(H1b) current income or last year income from W2 ?

Thanks for your advise,

Current annualized income

[Tiger_M 0]

Current annualized income

Thanks again,

One more question in last 3 year tax return Shall I add mine and her total income ? because last 3 years we are not together so.

Thanks

[Anh map 2,098]

Thanks again,

One more question in last 3 year tax return Shall I add mine and her total income ? because last 3 years we are not together so.

Thanks

Your individual income is what you should list.