I864 queries when filing for a spouse green card

J

jason79

Registered Users (C)
Hello everyone.
I just got married in Oct last year, my wife is a US citizen,and i am currently on an H-1B visa. We have started looking at paperwork to file for my green card through her.

My question is - do we have to file the form I864 even though i have been here in the US for around 7 years and dont need support from her?
If yes - our current scenario is - She was working till september and has left her job since. She has started to look for a new job, but does not have one currently -so she cannot show an income source. Plus we have the same bank account now, so can i show my current income proof and balance on our common bank account on the i864 that she is filing out ?

Please advise.

thanks.
 
If you can show that you intend to keep your job after you receive your GC then you can count your income also. There is directions on the form about how to count the intended immigrants income.
 
Hi,
thanks for your reply.

I did read that part on the instructions page. I am currently working with a firm on H-1b which is valid till May 2011, how do i prove that i "intend to keep working" here even after i get my green card ?
Would a letter from the HR stating that i work for them for the last few years suffice ?
Please let me know.

thanks.
 
jason79 said:
Hi,
thanks for your reply.

I did read that part on the instructions page. I am currently working with a firm on H-1b which is valid till May 2011, how do i prove that i "intend to keep working" here even after i get my green card ?
Would a letter from the HR stating that i work for them for the last few years suffice ?
Please let me know.

thanks.
Click to expand...

I filed a GC for my wife who is currently on H1B and working. I recently became a USC. I just went ahead and filed the 864 so that I did not have to worry/prove about my wife's intention to keep working after she gets the GC.
 
immig_geek said:
I filed a GC for my wife who is currently on H1B and working. I recently became a USC. I just went ahead and filed the 864 so that I did not have to worry/prove about my wife's intention to keep working after she gets the GC.
Click to expand...

Hi,

I am in the same boat as you. (H1-B applying for GC based on spouse's USC) I have a specific question on filling I-765. Hoping you could help.
Item 16 -
Eligibility under 8 CFR 274a.12 -
Should that be (c)(9) if the applicant is on a valid H1-B visa?

Please let me know.
 
@preethi - Yes it should be (c)(9).

@immig_greek - In my case, she is the USC and will fill the 864 - but i am concerned because she is currently looking for a job and cannot meet salary requirements, this means that i (intended immigrant-spouse) will have to show my salary information.
so my questions were -
1. Can i show my salary information along with her even though the GC is being filed for me, and
2. Will a letter from HR and the past few paystubs be enough for me to prove that i "intend to continue work" after getting the GC (as stated in the instructions sheet for form 864).

thanks.
 
guys,
Still waiting to hear from someone who knows the answer to my queries.

thanks in advance.
 
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