I-130 and I-864 Concern

[jomfer 2]

Hello Everyone,

I am on a valid F-1 (student) visa currently present in the US and got married to a U.S. Citizen girl last month so I am filling my paperwork to get a greencard.

I came accross the following issues while doing the paperwork. Please help me find a solution.

1) On form I-130, line #22 says "your relatives is in the United States and will apply for adjustment of status to that of a lawful permanent resident at the USCIS office in:"

My question is do I write USCIS office in Chicago, IL (where I will mail my paperwork) or write USCIS office in Atlanta, GA (I live near Atlanta, GA) where I will go for the interviews.

2) Do I have to submit affidavit of support form I-864 with the forms I-130 (my wife files this) and I-485 (my status change form) or I can file affidavit of support later on? I was thinking of filing I-130 and I-485 together. Currently, my wife and I dont have a job. But, I have some savings in a foreign country. Can I (F-1 Student) be the sponsor and file I-864 on my base?

If I can't, can my brother sponsor for me? He is on H-1 visa and currently working.

Please assist me through this paperwork. Thank you.

Regards.

[Pitaya 2,577]

~Moved from Family-based AOS to Work, Student, Tourist-based AOS Forum~

~Inquirer is adjusting from student visa~

[KayDeeCee 4,896]

You need the I-864 with your initial submission. Assets from the intending immigrant can be used, but since you have no income, you will need quite a lot in your savings as assets need to be 3 times that of the income when sponsoring a spouse of a USC. You need around $60,000 at the bare minimum and there is no guarantee they will accept the foreign assets only with neither of you working.

A joint sponsor must be a USC or LPR domiciled in the US.

Read through the I-864 instructions > http://www.uscis.gov/files/form/i-864instr.pdf

Edited October 19, 2013 by Jay-Kay

[jomfer 2]

Thank you for your answer. I got it now.

[Ekaete 0]

Hello Everyone,

A friend is on a valid A3 visa, worked for a diplomat for 7 months and stopped working. Her visa expires in 2015.. Now, she got married to a US citizen, they have just filled the form i-130 three weeks ago.

1)Now that she has stopped working, is she out of status, since it was the job that brought her to the US?

2). Now that she has filled Form i-130, what is next for her?

3) Can she go ahead and fill for AOS Form i-485, form i-864, Form i-131 and Form i- 765?

4) Does she need to fill any of these Forms for violating her non immigrant Status? Form i-539 (application to extend or change non immigrant status or Form i-566 (Inter agency record of request A,G or NATO dependent employment authorization or Change/adjustment to/from A,G or NATO status?

Please assist through this paper work, thank you

Warm Regards

[jomfer 2]

Hello Ekaete!

You posted your question on my topic on my profile. If you need some expert's advice, you may want to start a new topic and post it there.

According to me, a person needs to sustain their legal status until they receive their temporary GC.

Regards,

[newacct 688]

1)Now that she has stopped working, is she out of status, since it was the job that brought her to the US?

Probably

2). Now that she has filled Form i-130, what is next for her?

3) Can she go ahead and fill for AOS Form i-485, form i-864, Form i-131 and Form i- 765?

She shouldn't have just file the I-130 by itself. She should have filed I-130 with the I-485 and other forms together. Yes, she can go ahead and file them now, attaching the I-130 receipt.

4) Does she need to fill any of these Forms for violating her non immigrant Status? Form i-539 (application to extend or change non immigrant status or Form i-566 (Inter agency record of request A,G or NATO dependent employment authorization or Change/adjustment to/from A,G or NATO status?

Nope