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  • affidavit of support

    my wife(USC)income is below the poverty line for her household size while we're in the process of filing AOS.
    I make way more money and have been working and filing taxes for the last 3 years.I came on a visitor visa in 1998 and haven't change status of leave the country ever since.
    Of course i'm not authorize to work.
    My question is:Can I file an affidavit of support to help boost her income level?Will that cause any problem with my application?
    Thanks for your input.

  • #2
    my wife(USC)income is below the poverty line for her household size while we're in the process of filing AOS.
    I make way more money and have been working and filing taxes for the last 3 years.I came on a visitor visa in 1998 and haven't change status of leave the country ever since.
    Of course i'm not authorize to work.
    My question is:Can I file an affidavit of support to help boost her income level?Will that cause any problem with my application?
    Thanks for your input.

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    • #3
      NO it will not to MY knowledge. I am in the SAME position as you and have filed affidavit of support based on my attorney's advice. Thanks and good luck.

      Comment


      • #4
        A friend of mine is in same situation. At the time of his first interview his affidavit of support was not accepted, instead he was told make a fresh A of S from some one who is us citizen. He was told he will be called for another interview in a month time. He is now waiting for second call since 11 months. He has approached ins number of times, wait- was the reply. So please check with a well qualified attorney & post ur comments for guidance of others who are in same boat.

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        • #5
          Thanks guys for your inputs.NO did you receive anything form INS since you filed your papers?

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          • #6
            I have not recieved anything from INS yet BUT we filed out papers sometimes in Sept. and INS accepted it ALL including Affidavit of Support. From what I understand, and been told by the attorney, since they accpeted it it should suffice. Also, I have heard of other cases who have submitted their affidavit of support and were NOT USC and INS accepted AND proceeded!

            However, I STROGLY recommend clearing this up with a lawyer. GOOD LUCK!!

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            • #7
              I think only acceptance does not mean any thing. The problem comes when u go for interview that was the stage when my friend was told that ur A of S is not in order, although his forms were accepted at filing stage. U must check with ur attorney about this before u go for interview, because if they observe at that stage ur case is going to be delayed indefinately.

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              • #8
                Usually what people do is AFTER they get their work permit, they work and then they can supplement their USC spouse's income.
                I've read it somewhere on the board where they bring documentation at the interview.

                Hopefully someone who knows exactly what to bring will post a reply.

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                • #9
                  I appreciate the time you guys are taking to respond to my question.God bless you all and good luck.
                  please write me at this address if you have more clarifications:asavane@yahoo.com

                  Thanks

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                  • #10
                    Yes you can do it if you have a work permit and paid taxes.But again its a good idea to speak to a lawyer and find a USC to sign an additinal affidavit.

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                    • #11
                      Why is that INS will forgive you for working illegaly when married to USC but will cause you problems for filing a joint affidavit of support when USC spouse is under poverty line?

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                      • #12
                        Mohan can you help on this issue please?

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                        • #13
                          read this
                          http://www.ins.gov/graphics/howdoi/affsupp.htm

                          and
                          245.1 eligiblity
                          (10) Any alien who was ever employed in the United States without the authorization of the Service or who has otherwise at any time violated the terms of his or her admission to the United States as a nonimmigrant, except an alien who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27)(H), (I), (J), or (K) of the Act. For purposes of this paragraph, an alien who meets the requirements of § 274a.12(c)(9) of this chapter shall not be deemed to have engaged in unauthorized employment during the pendency of his or her adjustment application. (Added 7/23/97; 62 FR 39417)

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