Married to USC but unable to file Affidavit of Support

[chand311]

Questions regarding GreenCard by marriage.
1. My wife is US citizen but doesnt make enough to meet 125% and i dont have anybody who can sponsor me.

Can i use my income and my tax returns for the last 3 yrs? I am on F-1.

2. will the application have more chances of getting rejected if i use my income instead of sponsors who are US citizens?


We have lived for 6months together before we got married and we didnt get married to evade laws.

3. CAn we show the money in our joint bank account as our assets?

I am very confused as i cant apply for change of status as she doesnt make enough money for the 125% rule for affidavit of support.


Thank you very much.

 

[helpmeimmi]

I was in a similar situation.. here's my understanding (pretty clearly mentioned on the instructions too):

1. You can use your income and would have to file the I-864A. You could alternately also find someone to be a joint sponsor. The joint sponsor does not have to related to you and can even be a friend. The only requirement for joint sponsor is that he/she should met the income requirements and should be a US citizen.

2. No it should not cause a problem.

3. You can certainly use the money in the joint account as assets. But while using the assets read the instructions on the I-864 form carefully. If you plan to use the assets to meet the income requirement then the cash value of the asset(s) should be 5 times the amount that you fall short of from 125% of the poverty line.

All the best!
helpmeimmi

 

[chand311]

hi

hi,

Thank you very much for your reply. Cleared a few concerns of mine. I have another question. You have mentioned in ur mail that the sponsor has to be a US citizen....can the sponsor be a GreenCard holder or a permenant resident?

Thankx a bunch

 

[jim74]

When we applied for i-485 2 years ago, my wife was working , but she got laid off this Jan 2003, and since then not able to find job bcos of market condition.. what shoud we do about affidavit of support ?...we have last two years of joint Income tax returns which exceed the income requirement also my income meet income requirement for affidavit of support..can we use my income ..? when we go for interview should we take new affidavit of support along with us..????
any thought , experience ???

Thanks