I-601A Best option?

[WesAndFlor 2]

your I-130 petition is filed to establish eligibility for the visa so you do not need the I-864 then.. After you get your outcome from USCIS and your file proceeds to the NVC then you will need to file the AOS where they need to establish that you can support the person you are bringing in.

But I still don't know if I qualify for CR-1 Visa

[pushbrk 12,084]

But I still don't know if I qualify for CR-1 Visa

You don't. Your a US Citizen. If you mean you don't know if you qualify to sponsor your spouse for a CR1 visa, check out the I-864p AND the I-864 instructions, both downloadable from USCIS. Forget about the I-864w unless your wife lived with you legally in the USA AS YOUR WIFE for at least five years.

[WesAndFlor 2]

Unless your foreign wife can be credited with 40 quarters, by actually being in the US legally, then the I-864w is irrelevant. You use the I-864. You qualify to sponsor based on your current income at the time you file the affidavit of support. The PAST three years' income is only informational but required. It doesn't matter whether you qualified on past income. If the return was filed using the 1040, the income figure is from line 22. If a 1040EZ, use the adjusted gross income.

Please show me the basis for your claim that the I-864W is irrelevant to my wife? I can't find anything anywhere that reinforces the idea that she has to have been here LEGALLY. Thanks, Wes

[pushbrk 12,084]

Please show me the basis for your claim that the I-864W is irrelevant to my wife? I can't find anything anywhere that reinforces the idea that she has to have been here LEGALLY. Thanks, Wes

On further research in another member's case, you are correct. You only need to be married during the time you earn the 40 quarters. Whether medicaid for the children will be an issue is beyond my knowledge.