which Affidavit of support should petitioner(US Citizen & student) submit?

[GCQA 0]

Hi,

I’m on H1B Visa and I’m applying for Green Card through family (wife) who is a US citizen. Can anyone please help me in answering the following questions?

1)      Affidavit of support: Which document (example: I-864) should me & my wife fill? as I earn enough to sponsor myself and my wife is a student.

2)      Application for employment authorization (I-765): Do I’ve to submit this form?

And finally, I want to ask that Is it okay to do the filing process by my own (easy or difficult) Or do I’ve to hire an attorney? I know this is personal preference but I just wanted to know other people opinion as well.

 Any help is highly appreciated. Thanks in advance J

[jaya_razz 20]

Im unsure about Q1 but yes u need to appy for EAD. And I personally took care of my documents. I didnt hire a lawyer. I utilized information from VJ forums and I didnt run into any concerns. 

[geowrian 22,338]

On 9/19/2017 at 2:35 PM, GCQA said:

1)      Affidavit of support: Which document (example: I-864) should me & my wife fill? as I earn enough to sponsor myself and my wife is a student.

 

2)      Application for employment authorization (I-765): Do I’ve to submit this form?

And finally, I want to ask that Is it okay to do the filing process by my own (easy or difficult) Or do I’ve to hire an attorney? I know this is personal preference but I just wanted to know other people opinion as well.

1. Your wife is the primary sponsor and must fill out an I-864. If her income and/or assets are insufficient, then she needs a joint sponsor. Your assets can be counted for her household. However, your income is irrelevant in most circumstances (i.e. unless you have 40+ qualifying quarters of authorized work in the US...which is unlikely on an H-1B).
2. The I-765 isn't needed, but if your current stay on the H-1B expires before the green card is issued then you will have a period of not being authorized for work. The I-485 approval is taking the better part of a year on average.
   1. The EAD is taking ~4 months right now, and you can apply for it under c9 category (pending AOS adjudication) after filing the I-485 with no fee by providing a copy of the I-485's NOA1 in the I-765 packet. So plan accordingly, or just file for the EAD now and get it over with.
3. Most VJers tend to do it themselves. Unless your case is complicated, the guides cover what's needed.