Green card for H1B spouse married to US Citizen - affidavit of support

S

Sofiaan

Registered Users (C)
Hello everyone,

Here is a little background about my situation:

I entered the US in December, 06 with my I-94 stamped as H1B until October, 2008. I have only used 18 months of my H1B visa so far. However, I got laid off in January but found a new H1B sponsor in February. My new employer filed an i-129 petition for me but I only just got the receipt notice dated March 1st, 07. This will be my 3rd employer (2nd change of employer) since the initial sponsor in 2005.

I got married to my wife, a US citizen by birth on the 16th of March, 2007. We are very happy and have started filling out paperwork for the green card. My wife does not work currently but plans to soon. However, we have filled out I-864 affidavits of support and I am attempting to use my income from H1B with I-864A as spouse. I have also filled out an Employment Authorization Document I-765. I will list my documents below also.

My questions are:

Can I use my income from H1B for the household income on the affidavit I-864 if approval of employer change has not yet been issued?

Is using a joint sponsor necessary and will it help (my income is above poverty lines for household size)?

Does the I-765 EAD allow me to temporarily work for any other employer even while in H1B change of employer pending status?

Also am I allowed to register a corporation or Limited Liability Company in my own name and employ myself with the EAD?

Thank you in advance for all your assistance. Here is a list of all my paperwork prior to initial filing:

1. I-130 Petition for alien relative
2. I-485 Application to register permanent residence or adjust status
3. I-864 Affidavit of support (My wife as the sponsor)
4. *I-864 Affidavit of support (My mother in law as the joint sponsor)
5. I-864A Contract between sponsor and household member (I am the household member as spouse)
6. G-325A Biographic info for my wife
7. G-325A Biographic info for me
8. I-765 Employment Authorization
9. I-693 Sealed envelope of my medical exam
10. 2 x passport photos of me
11. 2 x passport photos of my wife
12. Evidence of Stock (for my affidavit)
13. Copy of my social security card front and back
14. Copy of my wife's social security card front and back
15. Copy of my driver’s license with home address
16. Copy of my wife's driver’s license with same home address
17. Written Affidavit from mother-in-law signed and dated verifying bona fide marriage
18. Written Affidavit from my parents signed and dated verifying bona fide marriage
19. Copy of approval notice from my first h1b employer
20. Copy of approval notice from my second h1b employer
21. Copy of receipt notice from my pending h1b employer
22. Copy of my foreign birth certificate
23. Copy of my wife's US birth certificate
24. *Copy of my mother-in-law's birth certificate (if we use her I-864)
25. Copy of my passport photo page
26. Copy of my I-94 in passport with stamp Sep-30-2008
27. Copy of my H1B Visa from passport
28. Copy of my marriage license
29. *Copy of my mother in law's W2 (if submitting her I-864)
30. *Copy of my mother-in-law's 1040EZ income tax return for 2005 (if submitting her I-864 - she hasn't filed her 2006 yet)
31. Copy of my W2s for 2006
32. Copy of my 1040EZ income tax return for 2006
33. Copy of Auto insurance showing joint name of me and my spouse
34. Copy of my wife's credit card statement showing me making payments for the last year
35. Check for $325 for PR
36. Check for $180 for I-130
37. Check for $70 for Biometrics
38. Check for $190 for EAD
 
Last edited by a moderator:
You don't file I-864A if the household member is the intending immigrant. Simply include your include on the I-864. I assume that you and your wife lived together for the last tax year? If not, you'll need a co-sponsor. As it is you probably will if they turn around and ask for more tax returns as often happens.
 
dr_lha said:
You don't file I-864A if the household member is the intending immigrant. Simply include your include on the I-864. I assume that you and your wife lived together for the last tax year? If not, you'll need a co-sponsor. As it is you probably will if they turn around and ask for more tax returns as often happens.
Click to expand...

Hi and thank you for your reply :)

So I just include my income and assets on my wife/sponsor's I-864? I think I did that already which is good. Wasn't sure if I had to fill out the I-864A which has the same info on it anyway. I appreciate you mentioning that I don't have to fill that one out.

My wife and I have technically only lived together for 4 months and only just married. We were engaged for 16 months. I haven't submitted her w2s since her income is small, but I will definitely include my mother-in-law's joint sponsorship and docs now.

Other than that, I think I have everything right?

Will I need more passport photos even if I'm filing the 485 and 130 together?

Cheers,

Sof
 
Sofiaan said:
My wife and I have technically only lived together for 4 months and only just married. We were engaged for 16 months. I haven't submitted her w2s since her income is small, but I will definitely include my mother-in-law's joint sponsorship and docs now.
Click to expand...
It used to be that a household member had to live with the petitioner for more than 6 months to qualify, I think they've relaxed that rule now, so 4 months shouldn't be an issue.
Other than that, I think I have everything right?
Click to expand...
Nothing sticks out as obviously wrong, but its a lot to process!
Will I need more passport photos even if I'm filing the 485 and 130 together?
Click to expand...
Yes.
 
dr_lha said:
It used to be that a household member had to live with the petitioner for more than 6 months to qualify, I think they've relaxed that rule now, so 4 months shouldn't be an issue.

Nothing sticks out as obviously wrong, but its a lot to process!

Yes.
Click to expand...

Thanks again mate. Yes it is immense to process. I have been compiling all the docs over a 2 week period and almost finished. So I need 3 passport photos of me and 1 of my wife? By the way, I am also a UK (and Australian) citizen so it's great to get feedback from you who went through the same process that I'm going through right now. Congrats to you and your wife on your GC :)
 
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