Question Hello, I'm in the process of filling out the I-864 for the USCIS in hopes of getting the green card for my husband. As of now I'm pregnant and not working. I haven't worked since July 2011 and I don't plan to work again until my baby is about 5 months old. Right now I do get food assistance from Michigan DHS and once my baby is here I will get cash assistance for 2 months. I do hope to find a job but I'm not so sure I will be able to work right away. My husband is here in F1 VISA and he expects to graduate by the end of April with his Masters Degree and hopes to find work as soon as he can. Right now he gets cash allowance from his embassy every month. Once he graduates he will not longer receive that. The issue I'm having with this application is the SPONSOR part. I don't have anyone who could be a joint sponsor. I'd have to be his sponsor but I'm unemployed and not sure when I'll find work again.In addition, I am living with him since two years and since I lost my job, he is the one who support everything around the home. By the way, he is student at U.S since May 2006 as he has scholarship from his embassy. What might happen in a situation like this? and should we file I-864 and I-864A?
Answer Dear Abdulazim:
As per info provided - you need a joint sponsor to file an affidavit of support (I-864) in support of your husbands adjustment of status application (I-485) because you are taking state assistance.
If your husband has enough income and/or has completed 40 [social security] credits he may file an affidavit of support for self (I-864EZ or I-864W, as applicable. In case of I-864EZ things would be somewhat complicated because of your being on state benefit.
So, as per facts and circumstances you would need a joint sponsor.
Ajay Singh, Esq.
845-784-1500 (Wk); 646-807-4582 (Fax)
Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.
Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.
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Bar Council of India.
Education/Credentials LL.M - Benjamin N. Cardozo School of Law, NY.
LL.B - Campus Law Center, University of Delhi, New Delhi.