Legal Question in Immigration Law in Arizona

My petition (green card through marriage) is pending with the USCIS. We have submitted all the required forms and fees which the USCIS acknowledged after few weeks.

Just few days ago, my wife (petitioner, US Citizen) was required by the USCIS to provide an affidavit of support (form I-864). We have already submitted an affidavit of support from another relative not living with us thus the "joint sponsor."

My question are:

1. Does my wife (petitioner) needs to submit a separate I-864 affidavit of support even if she's not working?

2. what does she have to write on the income?

3. Does she need to attach certain documents since she doesn't have ITR transcripts or W2?

I will appreciate any answer that you can provide. Thanks and more power!


Asked on 10/21/09, 5:50 pm

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Whether or not your spouse is earning a taxable income, she must file an I-864 affidavit of support. The purpose of your having a "joint" sponsor is to be "jointly" responsible with your wife regarding support. If she has NO income at all, then put "0"; since she has no income, she cannot attach a W2; however, if she has paid taxes within the last two or three years prior, she should include those. If no taxes have been paid, single or joint, then she cannot provide them and should provide an explanation as to why they are not being submitted. As long as your joint sponsor has sufficient income for all the members of the household and you, you should not have any problem; however, there is no guarantee that the USCIS will accept your application no matter what you do. So just be patient, don't stress, and provide anything you can that USCIS has requested. And the best of luck to you!

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Answered on 10/26/09, 6:31 pm


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