Student to file Affidavit of Support for H1B?

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jitensyaotaku

New Member
I'm looking at the forms that need to be filed for marriage based GC. Looks like my wife would have to file the Affidavit of Support (I-864). My question is... she is a student about to graduate so technically has zero income. I'm already living and working in the US on H1B with 2.5yrs remaining on it. Currently, I support us both. Is this going to be a problem with filing Affidavit of Support (I-864). My income is about $44k/year. Also, I have tax returns filed / W2's etc for 2003, 2004, 2005, 2006...
 
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If you and your wife live together, your wages can be included as a household member. Your wife must be the primary sponsor, but you can use your wages.

I did this, my wife is also a student and earned $0 in 2005. It wasn't a problem.
 
jitensyaotaku said:
I'm looking at the forms that need to be filed for marriage based GC. Looks like my wife would have to file the Affidavit of Support (I-864). My question is... she is a student about to graduate so technically has zero income. I'm already living and working in the US on H1B with 2.5yrs remaining on it. Currently, I support us both. Is this going to be a problem with filing Affidavit of Support (I-864). My income is about $44k/year. Also, I have tax returns filed / W2's etc for 2003, 2004, 2005, 2006...
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You need Form I-864A (Contract Between Sponsor and Household Member) as the supplement for your Affidavit of Support.
 
riversrun said:
You need Form I-864A (Contract Between Sponsor and Household Member) as the supplement for your Affidavit of Support.
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Actually, no.

http://www.nilc.org/immlawpolicy/aosupp/aosupp009.htm

Where a sponsor’s spouse qualifies as a household member and is the sponsored immigrant, he or she should not complete Form I-864A. However, if the spouse is the sponsored immigrant but there are also immigrant children of the spouse listed on the affidavit of support, the spouse must complete the I-864A.
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Back to my questions... now that I'm married as of last Friday :)

Am I listed as a secondary sponsor and my wife/spouse (USC) is the primary?
 
My wife is a student so has zero income. We live together. I work and support us. I know that my income gets included on the AOS forms as household income, but I am not listed as a sponsor? Only my wife (USC) is the primary sponsor as you suggest?
 
An intending immigrant cannot be a sponsor, and the USC spouse must be the primary sponsor, regardless of whether they earn any money. However your wages can be included as a household member to bring the earned amount above the 125% of poverty level.

Note - I was in your exact situation.
 
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