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Immigration Issues/F-1 to Green card Via I-130 & I-485

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Question
QUESTION: I recently get married and my wife couldn't able to sponsor me through I-864.

I'm working with a company since 1.5 years on OPT.

Can i be as a self sponsor ? what is the condition going to be ?
Is joint sponsor is the only best way in this condition ?

Regards,

ANSWER: You would need 40 or more social security credits to self sponsor; however, USCIS has discretion to seek affidavit of support from the petitioner in a marriage case.  

As per information provided by you, it seems that you would need a joint sponsor.  

Best wishes,

---------- FOLLOW-UP ----------

QUESTION: Sir,
But I'm working and making enough to support my house hold of two people.
Still I can't make it as self sponsor ?
The reason is because I'm on F-1 STUDENT VISA ? OR ANYTHING ELSE ?

Can i apply for Advance parole and EAD as well to be safe ?

Do we have to fill out everything in detail for 325A ...? specially past employer and address ?

Do we have to fill all forms in CAPITAL LETTERS ?

Thanks for your help...Really appreciate.


Regards,

Answer
That's the regulation regarding affidavit of support.

- Yes you can apply for AP and EAD.  (Not advised in case of any period of unlawful presence - presence beyond permitted period.)

- All details as required on the form G-325A.

- What ever you are comfortable with and as instructed.

Best wishes,  

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AJAY SINGH

Expertise

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.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. 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.

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