Legal Question in Immigration Law in California

Re: I-864

It is not too clear what you meant by the "visa is live" -- certainly an unusual way of putting it. You probably meant the I-130 priority date is current so a visa number is available because otherwise, you would not be able to file the I-485 yet. Anyway, assuming that the priority date is current, the answer on the I-864 is "Probably No". The reason is because the I-864 itself states that only the income of the "intending immigrant" who lives in the same household as the sponsor (your sister-in-law) can be added to the sponsor's income. The intending immigrant in this case refers to your wife since she is the principal beneficiary of the I-130, whereas you are the derivative beneficiary. So, if the income is your wife's rather than yours, and you guys live in the same household as your sister-in-law, then it can be counted. Otherwise, your own H-1B income probably won't be counted for the I-864 although an argument could be made that since California is a community-property state your wife owns half of that income.

Of course, your sister-in-law could get around this problem by finding a joint sponsor who's a citizen or LPR.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Re: I-864

The petitioner of the I-130 needs to file an I-864, and if a joint sponser is required it needs to be from a permanent resident or US citizen. Unless your I-485 is approved in the near future, you may not be able to help much. If you want to discuss your situation in detail please contact my office. Thanks.

Re: I-864

yes but this matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.