Legal Question in Immigration Law in California

I-864/affidavit, no income, only assets

I'm currently working with OPT(F-1). I need a work permission.

I'm thinking of 2 ways to get it;

1: A work permit through applying for Green Card.

My spouse who is a US citizen, has no income, we are wondering if ONLY assets are enough...(5times 125% the poverty guideline)

Also, I have some savings in the US bank account. Would it be helpful to give it to my spouse's bank account to get approved for the affidavid?

2: J-1

how would my marriage to a U.S. citizen affect the visa application for a J-1 visa outside the US? I am planning to apply for Green Card eventually and I do not wanna risk my future Green Card application.

Thank you for your advice.


Asked on 4/05/09, 7:37 pm

4 Answers from Attorneys
Joseph La Costa Joseph La Costa, Attorney at Law

Re: I-864/affidavit, no income, only assets

You really should consult an Immigration Attorney, if in Southern California. Please send me an email with your contact information and we can discuss your particular facts.

Read more
Answered on 4/07/09, 1:51 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: I-864/affidavit, no income, only assets

You really should consult an Immigration Attorney, if in Southern California. Please send me an email with your contact information and we can discuss your particular facts.

Read more
Answered on 4/07/09, 1:52 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: I-864/affidavit, no income, only assets

You really should consult an Immigration Attorney, if in Southern California. Please send me an email with your contact information and we can discuss your particular facts.

Read more
Answered on 4/07/09, 1:52 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: I-864/affidavit, no income, only assets

The easiest way to get a green card even with a spouse with no income is for your spouse to petition for you. You only need 3 times the poverty guidelines as you're a spouse of a U.S. citizen, so the percentage is lower because of your particular relationship. You may or may not need to give your spouse your bank account money. You may have others do joint affidavits of support if needed.

A J-1 outside the U.S. would be tough because the consulate will believe you wish to become a permanent resident. By your own statement, that's what you plan.

There's no risk involved with your green card if you do this correctly. It shouldn't be difficult with the right advice and preparation.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Read more
Answered on 4/05/09, 11:19 pm


Related Questions & Answers

More Immigration Law questions and answers in California