I-864joint sponsor question

[Alex29 0]

Hello All

My wife and I married 6 months ago in US. She is B2 and overstayed for about 8 months. We are about to sending out the application to adjust her status but unable to find a join sponsor. I made about $13k in 2012(Full time student with 6 months internship). I'm on another internship now and make about 2400 per months. My current internship ends in Sept(begins March). I will graduated in Sept 2013 and working as fulltime(Hopefully find a job right after the internship). My question is: is it possible that I can file the paper work without join sponsor with a letter explains our situation. What is the chance for them to deny our application because the income?

Another question is: How hard is it to waive the ban if my wife goes back to her home country and I file the application for her next year(2014). I know my wife triggered the 3 years ban. Do I have to wait for three years to file the application?

Thanks

Edited March 13, 2013 by Alex29

[Hypnos 6,579]

If the primary sponsor (i.e. you) does not make enough to sponsor your appropriate household size (currently this would be $23,265 for a family of two this year) then you must obtain a joint sponsor who does.

If you do not supply a joint sponsor and cannot satisfy the requirement by yourself then your application will be denied, there is no leeway whatsoever.

Since your wife has at least 180 days of overstay then she currently has a three year bar which is triggered if she leaves the US. This ban would have no effect if she successfully adjusted status within the US.

If she were to return to her home country before AoSing then the three year bar would kick in and she would need to either (i) serve it out, or (ii) obtain an I-601 waiver. Either way, she would still need a sponsor for an immigrant visa overseas so her departing the US would not circumvent this requirement.

There are new waivers (I-601A) that allow you to apply for them before departing from the US, but again she will still need to be financially sponsored by you and someone else if your income was insufficient.

Edited March 14, 2013 by Hypnos