Legal Question in Immigration Law in Oregon

Hi,

I am a Hong Kong citizen and I am going to be a Phd student in the US in the coming fall. I got married to a American citizen in 2006 and we have a daughter. I was thinking to apply for green card but we saw that there is a rule said that my wife (the partitioner) needs to have certain income level to support me or we need to find another US citizen (with certain income level) to support my green card application. I will have income working for the school during my Phd study (~$1500/mo.) but I am not sure will I be able to apply for green card due to the fact that the income is not from a US citizen (the partitioner). BTW, My wife is a stay home mom. I remember I saw a form we need to fill out and it requires the income to be either from my wife or another US citizen. I didn't remember the income can be coming from me.

My phd study will last for 4 years, I am thinking if I can apply for green card during my study?

If I can apply, what's the process? and forms I need to fill out?

Thanks.


Asked on 8/05/10, 7:30 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Your US citizen wife must be a primary sponsor - whether she has income or not. Your income can be added to her income. If still not enough (for a household of 3, as I understand), then a joint sponsor will be required. In alternative, she can use her other assets to supplement low income.

Affidavit of support, I-864, is only one of a number of applications required when applying for adjustment of status (green card).

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 8/10/10, 8:05 am


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