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  1. #1
    Join Date
    Apr 2008
    Posts
    21

    Default Petition for Husband

    Hi,
    I am a naturalized citizen and would like to petition for my husband who came here as a student (J1) and overstayed his visa. I have 3 related questions.
    1. What form should I use I-130 or I-485?
    2. Will they ask me to prove my income eligibility, that I can support him? If yes, my income for last year is small ($7000 for the year) but now I'm just starting a business and do have a money at my bank account to support him. In addition, he has a good job.
    3. But anyway, if this will be not enough, I can ask my landlord to be a guarantee person who can sign as fiance guarantor. What documents we need to ask him and show to the USCIS?

    Thank you.

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Petition for Husband

    You need to file Both the I130 and I485. The I130 is for you to petition him for permanant residency and the I485 if for him to Adjust his status from out of status to LPR.

    Yes, an affidavit of support I864 will be required, and from what you indicate you will not have enough income to comply.

    Yes, you can have another person help with the affidavit of support, but it does require that this person is legally required to provide financial support for a minimum of 10 years if the person cannot provide the support for themselves. It is not something that should not be taken lightly.

    Here is a link to the process on how to become an LPR

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD



    Here is a link to the forms...read through them and the instructions to understant what you need to do to qualify.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

  3. #3
    Join Date
    Apr 2008
    Posts
    21

    Default Re: Petition for Husband

    We reviewed form I-864 and found the following statement under the Sponsor's Contract part
    "What Does Signing the Form I-864 Require Me to do?
    If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:
    --
    Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)"

    Is this mean that if our income will be less than poverty line ($16,500) the sponsor MUST (on mandatory basis controlled by USCIS or other institution) support us financially until my husband becomes citizen?

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