I-864 Affidavit of Support working in the US on J1 visa

[Helpme123 9]

Hello,

I am currently working in the USA on a j-1 18 month trainee visa that expires in September 2013. I just got married to my wife a month ago and we are currently working on the adjustment of status (j-1 trainee visa to green card process).

We have a few questions about the I-864 affidavit of support form. I currently make $45,000 annually on the j-1 trainee visa. My wife is studying so does not have a job. We currently live with my in-laws, and her dad has considered being a co-sponsor on the I-864 affidavit of support form.

I know my wife has to be the petitioner and the main sponsor, even though she does not have a job. My father in law's income is $75,000 and mother in law's income is $65,000. My income is $45,000. How do we go about filling out forms etc for the I-864 form, sponsorship, etc? Can I sponsor myself with my salary of $45,000? Please remember we all live in the same household.

Thanks for any help.

Edited February 10, 2013 by Helpme123

[Penguin_ie 5,994]

**** Moving from AOS from Family visa to AOS from Student Visa forum ****

If you can get a letter from your employer stating they will continue to employ you past the J1 (ie it is a permanent job) then yes, you can sponsor yourself and no co-sponsor needed.

[Harpa Timsah 13,258]

Your wife fills out the affidavit but you can add your income to her affidavit, if it qualifies as Penguin outlined above.

[Helpme123 9]

Your wife fills out the affidavit but you can add your income to her affidavit, if it qualifies as Penguin outlined above.

Thank you!

I am not sure about my work situation to do what Penguin said BUT my Father in Law has a salary well over the poverty level for a 4 person house hold.

So in this example does that mean my Wife files an I-864 and my Father in law files a I-864? No I-864 involved??

If that is the case and my wife hasn't worked since 2008 will she need any tax return information or just the Father in law?

Thank you again!!

[Penguin_ie 5,994]

If you choose to go with a co-sponsor, your wife would fil in the I-864 (with all zeros). If she had absolutely no income, she does not need to file tax returns but must supply a letter stating why she was not required to file- often easier to just file.

Your father-in-law would file a I-864 together with his tax returns. He makes enough money to sponsor on his own, but I would recommend having the mother-in-law file the I-864A, especially if they file taxes jointly.