Affidavit of Support/Application for Employment Authorization

M

mcpaul

Registered Users (C)
Hi,

I am in the US on a H1B and I just got married to a USC last month.

I am about to file I-130/I-485. The application procedure says that my wife must file an Affidavit of Support (Form I-864) but it also says that "this requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition."

Does that mean that I can submit evidence of self-support instead? If so, what documents would I need to submit?

I may need to post this next question in another forum. My 6th year of H1B status runs out in January. Does anyone know the best way for me to stay in status while my GC application is being processed? I don't know whether I need to file for a 7th year extension of my H1B, whether filing I-765 would be sufficient or whether I need to do something else.

Thanks for any insight you can give. Cheers,

Paul
 
Since you are filing for green card based on your marriage to a US citizen, an affidavit of support IS required. Your wife will have to provide such an affidavit.
Once you file I-130/I-485, you also should file for EAD and AP. EAD allows you to work in the US, AP allows you to return to US after a trip abroad. Once you have these documents yo no longer need H1. EAD and AP take 3 + months to process therefore you should apply along with I-130 and 485.
 
Thank you very much for your reply. Just to confirm, I would submit the following forms (and supplementary documentation) along with my I-130/I-485 submission:

Form I-765, Application for Employment Authorization
Form I-131, Application for Travel Document

Or do these go seperately?

Thanks again. Paul
 
Member of Household or Joint Sponsor???

Hi,

I am helping my wife (USC) to complete an Affidavit of Support to sponsor me. But I am confused.

My wife works for her mother. In exchange, my wife stays in a granny apartment on her mother's property "rent free." My wife also gets paid a little money for her expenses, but not enough to show that she meets the Income Requirement to sponsor my petition.

Eleven months ago, between getting engaged and married, I moved in to the granny apartment with my (then) fiance. So, my wife, my mother-in-law and I have had the same address since last October.

My mother-in-law has agreed to be a joint sponsor. But I don't know whether she is considered to be a "Member of Household" to be included on my wife's submission, or a Joint Sponsor.

Could someone please shed some light on this and possibly tell me whether to file two seperate I-864s or one !-864 and a I-864A?

Thanks very much.

Paul
 
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