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Immigration Issues/Forms I-864 and I-864A


Dear David,

I graduated from the University in California last August (I am in the US since 1998). Now I am working in Maryland with OPT after F1 visa valid till 08/07/2006.

I married my wife in December 2005. We have been together for almost three years, engaged in December 2004. My wife is completing naturalization (getting US citizenship) this week. In June 2006 she is graduating from the same university and permanently moving from California to my place in Maryland (originally she planned to graduate in December 2005, but she had to stay at the university extra six months. We did not reschedule our marriage). Since my departure to Maryland in 08/2005 my wife is living with her mom in California and visiting me on vacations.

We are planning to file the green card application package at the end of this month. It is only unclear how to file the form I-864, Affidavit of Support Under Section 231A, and I-864A, Contract Between Sponsor and Household Member. My wife is an undergraduate student and has almost no income. We have lived on my stipends form the graduate school (and my salary now), which is above 125% of the Federal poverty level for two people for the corresponding years. My wife’s mom is willing to be a cosponsor of my application. Her income is above 125% of the Federal poverty level for three people for the corresponding years.

Would you please tell me can I apply for a green card now, and who need to sign I-864 and I-864A form? Do we need to file our application in Maryland (which is more convenient) or California?

Thank you very much

Once you wife becomes  a naturalized US Citizen she can then petition for you via form I-130.  The I-864 is signed by her; the I-864A is signed by the sponsoring family relative.

It doesn't matter where you file, just as long as you have an accurate address and make the appointments when they are scheduled.

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