Help filing I 864

[am1234]

I am on H1 B and my wife is a US Citizen. We filed I 130 and got the notice of approval.

Now we have to file I 485 along with I765 and I864. Since my wife is studying she does not have the income to sponsor me. Can I sponsor myself on H1 by showing them last 3 years of tax return while filing I 864. In that case do I need to file any other form??? Does my wife need to file I 864.

Appreciate your help

[ari4u]

Originally Posted by am1234

I am on H1 B and my wife is a US Citizen. We filed I 130 and got the notice of approval.

Now we have to file I 485 along with I765 and I864. Since my wife is studying she does not have the income to sponsor me. Can I sponsor myself on H1 by showing them last 3 years of tax return while filing I 864. In that case do I need to file any other form??? Does my wife need to file I 864.

Appreciate your help

Yes. She files I-864 eventhough she has zero income.
You file I-864A to include your income (provided you qualify as household member/ sponsored immigrant)

This information should be enough for you to get started. More information can be found searching this forum as this question gets asked and answered everyday.

[am1234]

What qualifies me as a household member or sponsored immigrant. Is my marriage certificate enough??

[ari4u]

Originally Posted by am1234

What qualifies me as a household member or sponsored immigrant. Is my marriage certificate enough??

http://uscis.gov/graphics/publicaffa...ets/affaqa.htm
http://uscis.gov/graphics//howdoi/affsupp.htm
http://uscis.gov/graphics/publicaffa...affsupport.htm
http://uscis.gov/graphics/formsfee/f...s/add_info.pdf

[am1234]

I am sorry even though I read through the links I still dont understand what should I do.

I have been on H1 for 3 years and have filed my taxes. I have all the necessary paperwork for that. So should my wife file I 864 even though she has no income and I file I 864a.

Thanks for all your help.

[siri80]

Yes, Your wife should still fill I-864 form and you should fill I-864A.Hope this helps.

[ari4u]

Originally Posted by am1234

What qualifies me as a household member or sponsored immigrant. Is my marriage certificate enough??

A ''household member'' is any person
(a) sharing a residence with the sponsor for at least the last 6 months who is related to the sponsor by birth, marriage, or adoption, or
(b) whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent federal income tax return even if that person does not live at the same residence as the sponsor, and whose income and/or assets will be used to demonstrate the sponsor's ability to maintain the sponsored immigrant(s) at an annual income at the level specified in section 213A(f)(1)(E) or 213A(f)(3) of the Act

A ''sponsored immigrant" is a person listed on this form on whose behalf an affidavit of support will be completed and filed.

A ''sponsored immigrant/household member'' is a sponsored immigrant who is also a household member.

[ari4u]

Originally Posted by am1234

I am sorry even though I read through the links I still dont understand what should I do.

I have been on H1 for 3 years and have filed my taxes. I have all the necessary paperwork for that. So should my wife file I 864 even though she has no income and I file I 864a.

Thanks for all your help.

Yes. She should file I-864 quoting zero income
You should file I-864A if you qualify as a sponsored immigrant/household member.

Make sure you have copies of your federal tax returns from the last three years.

[cherr1980]

Your wife MUST file even she doesn't work or receive 0.00 dollars as income. Why? Because she is the petitioner that is part of her responsability.
Good luck,