Need assistance before I send out I-485 & I-130

[pankaj_ghosh 0]

Hi everyone,

Would really appreciate your valuable response. I am currently in US on H1B(Skilled worker visa). I recently got married. My wife is a US citizen and sponsoring my green card.

I need your valuable input regarding few things.

-- My wife is a full time student and is not employed at this moment. As I am employed and believe earning sufficient, do we still have to get some one to submit affidavit of support for me or a letter from my employer mentioning my salary and tax paper will suffice?

-- Do I have also have to submit form I-765? I still have a year and half left on my present H1B.

Thanks a lot again for all the help that every one is providing here.

Thank You,

Pankaj.

[Hypnos 6,576]

Your wife must provide an affidavit of support as the primary sponsor, regardless of income.

If you are working legally and your income will continue from the same source after your green card is approved, then you can actually include your own income on your wife's I-864 (part 6a of the form).

If you apply for an EAD you will be able to work unconditionally from the time it's approved (i.e. change employers, and be free from other H-1B restrictions). You do not have to apply for it, but since it's free then there is generally no downside.