Legal Question in Immigration Law in Wisconsin

help with affidavit of support

i am married to a mexican national. we filed a k1 and also for adjustment of status. the ins has sent a request for evidence with a request for a joint sponsor. i am a graduate student receiving student loans (have been in school for four years). when we made the petition, i included the information from my school outlining my already-approved loans from this school year. i also included last years to establish consistency. becasue i am a student, my taxable income does not meet the poverty guidlines. i will graduate in less than a year with a masters in counseling and my income potential is much greater than the povery guidelines. how can we avoid being required to get a joint sponsor? we have no family to ask and given the fact that we will not need such sponsorship, do we have a case? my loan income with my grad assistantship is over 18,000 per year. my husband is working and is making over 10 dollars an hour. are we not able to show that we will not need means tested public benefits? please help.


Asked on 12/14/01, 4:21 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: help with affidavit of support

There is absolutely no way that the petitioner can be excused from filing the affidavit of support. If you have no income and no assets and no one to file a joint affidavit of support, you have a problem which may not be immediately solveable. If you husband will have earned enough income for 2001 to meet the public charge guidelines, and you have lived together for at least 6 months, then you can file the I-864 and he can sign the I-864A.Other than that, I can't think of any other solutions form the info you present.

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Answered on 12/14/01, 4:33 pm


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