can i sponsor myself on i-864

[HeadKi55]

hey all. i'm about done completing the AOS package. however my wife doesnt meet the minimum 125% requirement. i work and both our incomes combined exceed the limit. however i am not authorized to work but i do anyways because i have a child to support. we both filed taxes jointly in 2005 and have the tax transcripts from last yr. my question is can i be a joint sponsor and have my wife be the primary sponsor even though i wrked without authorization? thx.

[garrulito]

Originally Posted by HeadKi55

hey all. i'm about done completing the AOS package. however my wife doesnt meet the minimum 125% requirement. i work and both our incomes combined exceed the limit. however i am not authorized to work but i do anyways because i have a child to support. we both filed taxes jointly in 2005 and have the tax transcripts from last yr. my question is can i be a joint sponsor and have my wife be the primary sponsor even though i wrked without authorization? thx.

No, plus, doesn't it seem obvious to you that you can get in trouble for co-sponsoring your wife with the money you earned working when you are not authorized to work? Try your in-laws for co-sponsoring.

[HeadKi55]

i see. but since we filed jointly my earnings will show up on her transcripts for the interviewer to see anyways right.plus i thought the spouse of a USC is forgiven for working without authorization (plz correct me if im wrong)

[garrulito]

Please, don't get this the bad way, but I don't understand why you would report earnings that you got from working without authorization. I have not heard of such thing as a forgiveness to USC spouses that work whitout EAD, but you do have a point on your joint tax return. I think it will depend on what the officer that interviews you decides but my impression right now is: it does not look good. Let's wait and see what other think or have experienced. BEst of luck to you (You might need it)

[HeadKi55]

i found this
http://www.uscis.gov/graphics/howdoi...gibility.htm#k
scroll down to ineligible.

There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

You may be ineligible for adjustment to permanent resident status if:

* You entered the U.S. while you were in transit to another country without obtaining a visa.

* You entered the U.S. while you were a nonimmigrant crewman.

* You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

* You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:

o You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).


so am i safe?

[Glorya]

Don't worry, you are ok unless they change procedures (everything is possible nowadays considering how often they've been changing them lately). One of new procedures applies to I-864. New procedure clearly states that unauthorized employment cannot be considered to satisfy 125% requirement. However, immigration officers are required to consider the big picture, meaning your age, work history, health, educational background etc, etc... So you might try. The worst thing that can happen is that you get RFE and then look for a joint sponsor.

[Glorya]

P.S. You are paying your taxes... A definite plus

[HeadKi55]

thx glorya. my in-laws are willing to sponsor me. i just wanted to make sure my application wont be thrown out because i worked.

[Glorya]

Just be honest. Always the truth

[NeShawn]

it is best for you to have someone else fulfill the role of joint sponsor so that in case there is some rerpercussion for unauthorized employment your whole application won't be drastically affected. You don't want to risk an RFE because it delays your process. If I understood correctly, at one point you did have the authorization to work but that ended?? and at this time in your life you do not have the authorization to work? HeadKiss, go ahead and complete everything as accurately as you can at this point. I think you will come out just fine. I am praying that you do.

[NeShawn]

Also, you it appears as if you and your wife would qualify for the "Fee Waiver". I think I gave you info on that. Do you need it again. I was granted the Fee Waiver so i hope it will help you out. Godspeed!!!

[Glorya]

Penalty doesn't apply for spouses of USC's.

[HeadKi55]

Originally Posted by NeShawn

Also, you it appears as if you and your wife would qualify for the "Fee Waiver". I think I gave you info on that. Do you need it again. I was granted the Fee Waiver so i hope it will help you out. Godspeed!!!

i didnt get the info on fee waiver. u said u would get back to me but never did. i would like the information plz. thx to everyone who replied.

[machelon]

i'd say if your in-laws are willing to sign the affidavit...have them be the sponsors of the affidavit.
It just adds a little more to the validity of the marriage if family members also help in the proces of you getting the GC.
That way there wil also be less focus on the work you did withot authorization.

[NeShawn]

Sorry about that. Here it is:

http://www.uscis.gov/graphics/public...er03_29_04.pdf

Godspeed!

[Glorya]

Don't forget to enclose pay stubs, bank statements and bills: rent, lights, etc... Without those documents fee waiver cannot be approved.