H1 to GC thru USC who is a student

T

tapskap

Registered Users (C)
Hey guys,

I wud really aprreciate some imput.
I am on H1 visas since last 20 months.
I married a US citizen who is still studying.

Can anyone give me the exact steps for applying for my GC thru her?

I believe my wife also needs to submit an Affidavit of Support with some minimum income.
But my wife is still studying and she doesnt have that minimum income.

Also we are residing in NJ.What is the approximate time in which I will get the EAD/GC.

Regards,
taps.
 
I know we need to file for I130,I485 ,Affidavit of support and other documents.
Can someone tell me which other documents do we need to submit?
Do I need to submit all these documents together?
I would appreciate some input.There is very less information on the web with regards to GC thru USC spouse.
 
tapskap said:
Hey guys,

I wud really aprreciate some imput.
I am on H1 visas since last 20 months.
I married a US citizen who is still studying.

Can anyone give me the exact steps for applying for my GC thru her?
http://uscis.gov/graphics/services/residency/family.htm

I believe my wife also needs to submit an Affidavit of Support with some minimum income. But my wife is still studying and she doesnt have that minimum income.
You can use your income if you meet the 125% minimum requirement. You need to fill I-864A.

Also we are residing in NJ.What is the approximate time in which I will get the EAD/GC.
EAD, approx 30-90 days. GC? No idea, but you can look at the AOS timeline table to get a general idea how others are doing.

Regards,
taps.
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tapskap said:
I know we need to file for I130,I485 ,Affidavit of support and other documents.
Can someone tell me which other documents do we need to submit?
http://uscis.gov/graphics/services/residency/family.htm

Do I need to submit all these documents together?
Yes. All documents go to the chicago lock box.

I would appreciate some input.There is very less information on the web with regards to GC thru USC spouse.
Thats absolutely not true. This forum has information in abundance for cases like yours. All you need to do is search. Good luck with that. Also, USCIS website is very informative for most of your questions. So pls try to put some effort in searching before you ask questions here.
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With regards to the Affidavit of Support...

Have you lived in the same residence as your USC spouse within the last 6 months? If so, your income can be included in the Form I-864 Affidavit of Support (so long as it meets the 125% poverty guideline level). You do not need to fill out a Form I-864A, unless you have children immigrating with you and they are living in the same residence as you and your spouse. However, if your income alone doesn't meet the 125% poverty guideline level, you must obtain a co-sponsor.
 
Thanks a lot to ari4u and avaletta for all the inputs.I am sharing the residence with my wife since last 3 months.Can I still show my income?
Yes.My income is above the 125% poverty line.

I can manage a co-sponsor,but he/she is not a close relative of my wife.
Will that be OK?
 
Thanks a lot to ari4u and avaletta for all the inputs.I am sharing the residence with my wife since last 3 months.Can I still show my income?
Yes.My income is above the 125% poverty line.
 
avaletta said:
Have you lived in the same residence as your USC spouse within the last 6 months? If so, your income can be included in the Form I-864 Affidavit of Support (so long as it meets the 125% poverty guideline level). You do not need to fill out a Form I-864A, unless you have children immigrating with you and they are living in the same residence as you and your spouse. However, if your income alone doesn't meet the 125% poverty guideline level, you must obtain a co-sponsor.
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Whatever you said is correct and thats what the instructions on the I-864 say. There is a lot of ambiguity with respect to the eligibility and requirements for a household member/sponsored immigrant and the law is not really clear. Also, there has been conflicting info and a difference in opinion amongst immigration lawyers regarding I-864A, Some suggest to use it, some say its not needed.

Most of us here used our own income to meet the requirements and we filed I-864A. If USCIS needs it, they use it. If they dont need it, they would just ignore it. It is better than waiting for an RFE and delaying the case even further. I had same question when i sent out my forms... One thread here... cant find the rest.
http://www.immigrationportal.com/showthread.php?t=178898
 
tapskap said:
Thanks a lot to ari4u and avaletta for all the inputs.I am sharing the residence with my wife since last 3 months.Can I still show my income?
Yes.My income is above the 125% poverty line.
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Again, the law is quite ambiguous. This is an exceprt from the I-864...
  • A ''household member'' is any person sharing a residence with the sponsor for at least the last 6 months who is related to the sponsor by birth, marriage, or adoption,
  • A ''sponsored immigrant" is a person listed on this form on whose behalf an affidavit of support will be completed and filed.
  • A ''sponsored immigrant/household member'' is a sponsored immigrant who is also a household member.

This does not clearly mention that 6 months apply at the time of the interview or at the time of sending out the applications. I have seen most people assume that 6 months apply at the time of the interview, and i have seen the other way too. You could include your income and send the forms now, but be ready with a joint sponsor incase you get an RFE or if you are asked to get I-864 from a joint sponsor for the interview.

Good Luck!
 
I was holding an H-1B visa prior to obtaining my EAD. At the time I sent in my I-485, etc. application in October 2004, both my hubby and I were employed, so that was a no-brainer. At the time of the interview (last week), however, my hubby was self-employed (starting up his own business). But being that we had lived together in the same apartment for at least 6 months (if not more) and I didn't have any children immigrating with me, I included my income on the (updated) I-864. At the interview, the officer asked for my employment letter, paystubs, and our joint 2004 tax transcript. But I guess it does depend on the adjudicating officer - s/he may ask for an I-864A regardless (although according to the instructions, and assuming all of the other criteria are met, I believe they shouldn't).

With regards to the 6-month rule, I interpret the clock to start at the time you submit the application. So, in your case, at the time of your application (assuming you're sending it in the very near future), you would've only lived together for less than 6 months and thus won't be able to include your income on the I-864 and must obtain a co-sponsor. Otherwise, I imagine you would be getting an RFE. Alternatively, couldn't you wait 3 more months before you mail in your application (assuming you're able to maintain your H-1B status during such period)? That way, you wouldn't have this timing issue.
 
Thanks a lot again...ari4u and avaletta.....
My wife use to stay with her uncle who is also a USA citizen.
Can he file the I-864 for me?
 
This is an excerpt from the link that ari4u sent :


USE OF SPONSORED IMMIGRANT'S INCOME
A sponsored immigrant's income may be used toward meeting the income requirement if he or she has been living in the sponsor's residence for at least the previous 6 months. If the residence condition has been met at the time of the interview, then the sponsored immigrant's income can be used as part of the sponsor's household income. The sponsored immigrant does not need to complete a Form I-864A provided that he or she is the only person included on the affidavit of support. The sponsored immigrant needs to complete Form I-864A, however, if he or she is using his or her income to qualify and has an accompanying spouse or children included on the affidavit of support.


According to this I think I will have to fill the I-864A only and no I-864.
 
tapskap said:
This is an excerpt from the link that ari4u sent :


USE OF SPONSORED IMMIGRANT'S INCOME
A sponsored immigrant's income may be used toward meeting the income requirement if he or she has been living in the sponsor's residence for at least the previous 6 months. If the residence condition has been met at the time of the interview, then the sponsored immigrant's income can be used as part of the sponsor's household income. The sponsored immigrant does not need to complete a Form I-864A provided that he or she is the only person included on the affidavit of support. The sponsored immigrant needs to complete Form I-864A, however, if he or she is using his or her income to qualify and has an accompanying spouse or children included on the affidavit of support.


According to this I think I will have to fill the I-864A only and no I-864.
Click to expand...

Yes, YOU fill I-864A

AND

Your USC spouse SHOULD fill I-864 even though she has zero income
 
hey,

I have an issue with the Affidavit of Support(I-864A).
I have been staying in US since last 1 and a half year and can only send the tax returns for the last year,while I-864A requires the tax returns for the last 3 years.
Will that be an issue?
Although my wife is working part-time since last 3 years (since she is a student),her income falls below the 125% poverty line.
 
Doesn't matter if you wife is not working at all or receiving zero income, by law in family based cases the petitioner (who is your wife) MUST file the Affidavit of Support, you then file the I-864A or get a joint sponsor to make the 125%. I don't know why you continue make doubts about your wife filing when everybody and the law and the froms indicates that.
 
tapskap said:
hey,

I have an issue with the Affidavit of Support(I-864A).
I have been staying in US since last 1 and a half year and can only send the tax returns for the last year,while I-864A requires the tax returns for the last 3 years.
Will that be an issue?
Although my wife is working part-time since last 3 years (since she is a student),her income falls below the 125% poverty line.
Click to expand...

You can include your last years tax returns. But that wont take you too far. You need the help of a joint sponsor or show some assets.
 
Thanks ari...once again.
In that case ,can I have his uncle(who is a US citizen for 20 years) to fill the Affidavit of support.
One more thing,I have not submitted my application ,yet,so by the time I go in for an interview I should have two or maybe three years os tax returns(considering that Newark is a little slow).
Would that be OK?I mean I will be having three years of tax returns by the time I go in for an interview.

Appreciate ur response.
 
tapskap said:
Thanks ari...once again.
In that case ,can I have his uncle(who is a US citizen for 20 years) to fill the Affidavit of support.
One more thing,I have not submitted my application ,yet,so by the time I go in for an interview I should have two or maybe three years os tax returns(considering that Newark is a little slow).
Would that be OK?I mean I will be having three years of tax returns by the time I go in for an interview.

Appreciate ur response.
Click to expand...

As long as your uncle qualifies to be be a joint sponsor and is willing to help, he could fill another I-864 to supplement your application. It is a good idea in your case to carry an updated I-864 set to the meeting. Your financial status could have changed by then.
 
hey,
I am about to send my application package.
One small issue.
Is it necessary to change the marital status on my wife's passport before I go ahead and send my application(I-130,I-485,etc)?

Currently her passport shows her marital status as single.

Thanks,

Taps.
 
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