Help filing I 864

am1234

Registered Users (C)
I am on H1 B and my wife is a US Citizen. We filed I 130 and got the notice of approval.

Now we have to file I 485 along with I765 and I864. Since my wife is studying she does not have the income to sponsor me. Can I sponsor myself on H1 by showing them last 3 years of tax return while filing I 864. In that case do I need to file any other form??? Does my wife need to file I 864.

Appreciate your help
 
am1234 said:
I am on H1 B and my wife is a US Citizen. We filed I 130 and got the notice of approval.

Now we have to file I 485 along with I765 and I864. Since my wife is studying she does not have the income to sponsor me. Can I sponsor myself on H1 by showing them last 3 years of tax return while filing I 864. In that case do I need to file any other form??? Does my wife need to file I 864.

Appreciate your help

Yes. She files I-864 eventhough she has zero income.
You file I-864A to include your income (provided you qualify as household member/ sponsored immigrant)

This information should be enough for you to get started. More information can be found searching this forum as this question gets asked and answered everyday.
 
What qualifies me as a household member or sponsored immigrant. Is my marriage certificate enough??
 
I 864

I am sorry even though I read through the links I still dont understand what should I do.

I have been on H1 for 3 years and have filed my taxes. I have all the necessary paperwork for that. So should my wife file I 864 even though she has no income and I file I 864a.

Thanks for all your help.
 
am1234 said:
What qualifies me as a household member or sponsored immigrant. Is my marriage certificate enough??


A ''household member'' is any person
(a) sharing a residence with the sponsor for at least the last 6 months who is related to the sponsor by birth, marriage, or adoption, or
(b) whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent federal income tax return even if that person does not live at the same residence as the sponsor, and whose income and/or assets will be used to demonstrate the sponsor's ability to maintain the sponsored immigrant(s) at an annual income at the level specified in section 213A(f)(1)(E) or 213A(f)(3) of the Act

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.
 
am1234 said:
I am sorry even though I read through the links I still dont understand what should I do.

I have been on H1 for 3 years and have filed my taxes. I have all the necessary paperwork for that. So should my wife file I 864 even though she has no income and I file I 864a.

Thanks for all your help.

Yes. She should file I-864 quoting zero income
You should file I-864A if you qualify as a sponsored immigrant/household member.

Make sure you have copies of your federal tax returns from the last three years.
 
Your wife MUST file even she doesn't work or receive 0.00 dollars as income. Why? Because she is the petitioner that is part of her responsability.
Good luck,
 
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