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danigar

Affidavit of Support Question

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Hello, I'm a student with a F-1 visa and this would be my last year at school. I got married last year because we wanted to have a head start with the application to adjust my status before I graduate, but our situation is tricky and I'm unsure how to approach it. My wife is a student too and right now she is not working so she doesn't have an income to support me, so we are not sure how to file the Affidavit of Support. Somewhere in the instructions I read that someone else can file the affidavit as a joint sponsor (in our case it would be my father-in-law), but my question is, does my wife have to file it even though she doesn't have enough income, and add her father as a joint sponsor? (in which case the household size would be just the two of us) or can my father in law file it alone with all his income information including the household income where we live (total of 5). Also on the subject, does my wife/petitioner not having a job and income to support me affect in anything our application? or as long as we can prove that our marriage is bona-fide we should be fine?

Any advice would be appreciated :)

Thanks

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Your wife files I-864 no matter how much she makes. Household of 2.

Her father files I-864 as co-sponsor, his wife files I-864A if they file tax jointly. If he has proofs of his income sufficient, his wife doesn't have to file I-864A. Household includes himself, his wife, you and someone else. No need to count your spouse.


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12/06/2014: Package filed

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05/05/2015: Oath letter was sent

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The US citizen petitioner is always the primary sponsor regardless of income. So your spouse will file an I-864 no matter what.

Father in law will submit an I-864 and follow the instructions for determining household size.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Hi, Thank you very much for your answers :)

I now have additional questions with this form, which has turned out to be a real headache! One of the questions I have is that on my wife's I-864 we were thinking in adding my income in Part 6, even though we don't meet the requirements (hence we need my in-law's income). I work in my school as a student worker and of course I don't make much but I wanted to know if we should add my income and if so what evidence can we show to prove that I will continue to receive this income once I become a permanent resident?

Thanks for you help!

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