Student to file Affidavit of Support for H1B?

[jitensyaotaku]

I'm looking at the forms that need to be filed for marriage based GC. Looks like my wife would have to file the Affidavit of Support (I-864). My question is... she is a student about to graduate so technically has zero income. I'm already living and working in the US on H1B with 2.5yrs remaining on it. Currently, I support us both. Is this going to be a problem with filing Affidavit of Support (I-864). My income is about $44k/year. Also, I have tax returns filed / W2's etc for 2003, 2004, 2005, 2006...

[dr_lha]

If you and your wife live together, your wages can be included as a household member. Your wife must be the primary sponsor, but you can use your wages.

I did this, my wife is also a student and earned $0 in 2005. It wasn't a problem.

[riversrun]

Originally Posted by jitensyaotaku

I'm looking at the forms that need to be filed for marriage based GC. Looks like my wife would have to file the Affidavit of Support (I-864). My question is... she is a student about to graduate so technically has zero income. I'm already living and working in the US on H1B with 2.5yrs remaining on it. Currently, I support us both. Is this going to be a problem with filing Affidavit of Support (I-864). My income is about $44k/year. Also, I have tax returns filed / W2's etc for 2003, 2004, 2005, 2006...

You need Form I-864A (Contract Between Sponsor and Household Member) as the supplement for your Affidavit of Support.

[dr_lha]

Originally Posted by riversrun

You need Form I-864A (Contract Between Sponsor and Household Member) as the supplement for your Affidavit of Support.

Actually, no.

http://www.nilc.org/immlawpolicy/aosupp/aosupp009.htm

Where a sponsor’s spouse qualifies as a household member and is the sponsored immigrant, he or she should not complete Form I-864A. However, if the spouse is the sponsored immigrant but there are also immigrant children of the spouse listed on the affidavit of support, the spouse must complete the I-864A.

[riversrun]

Originally Posted by dr_lha

Actually, no.

http://www.nilc.org/immlawpolicy/aosupp/aosupp009.htm

Dr-lha,

You are right. I should have double-checked the new form since I used the old one. Thank you for correcting.

[jitensyaotaku]

Awesome. Thanks for the replies.

[shinkansen]

Back to my questions... now that I'm married as of last Friday

Am I listed as a secondary sponsor and my wife/spouse (USC) is the primary?

[LucyMO]

your wife will be your primary sponsor

[shinkansen]

My wife is a student so has zero income. We live together. I work and support us. I know that my income gets included on the AOS forms as household income, but I am not listed as a sponsor? Only my wife (USC) is the primary sponsor as you suggest?

[dr_lha]

An intending immigrant cannot be a sponsor, and the USC spouse must be the primary sponsor, regardless of whether they earn any money. However your wages can be included as a household member to bring the earned amount above the 125% of poverty level.

Note - I was in your exact situation.