Sponsorship (864) question

[Preet 0]

I am the intending immigrant in this case. My wife and I recently got married and now she is petitioning for my Greencard. I came to the US on a student visa and after graduation am now employed and my current status is on H1-B.

My question pertains to filing the I-864. My wife is still a student and therefore doesn't have any income. I, on the other hand, qualify for the income requirements and other aspects for the I-864. I read on the filing instructions that the intending immigrant's income can be used in the I-864 form for a spouse, and that in this case I wouldn't have to fill out an I-864-A. I just want to get a confirmation on this and also any other insight that you guys might have...

Please help...Thank you!

[____ 0]

I am the intending immigrant in this case. My wife and I recently got married and now she is petitioning for my Greencard. I came to the US on a student visa and after graduation am now employed and my current status is on H1-B.

My question pertains to filing the I-864. My wife is still a student and therefore doesn't have any income. I, on the other hand, qualify for the income requirements and other aspects for the I-864. I read on the filing instructions that the intending immigrant's income can be used in the I-864 form for a spouse, and that in this case I wouldn't have to fill out an I-864-A. I just want to get a confirmation on this and also any other insight that you guys might have...

Please help...Thank you!

I remember reading that the immigrant's income can be used. I would consult with an attorney, who may suggest that one of your wife's family members co-sponsor you. My father-in-law is a co-sponsor along with my husband: although he earns more than enough to qualify as a sponsor, he has only been employed since September (we are recent college graduates too) and an attorney suggested that we get a co-sponsor just to solidity our financial case. Although I don't really advocate using an attorney for everything (because with a simple case and half a brain you can figure it out for yourself, and they charge way too much), I'd ask one about your situation. Best of luck!

[rebeccajo 14]

The immigrant petitioner's income from legally authorized employment can absolutely be used on the I864 (no need for use of the I864A).

There is no need to verify this with an immigration attorney - simply follow the instructions on the form.