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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Nicolai Cara: Hello.My name is XXXXX XXXXX in the US in 2011

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Nicolai Cara: Hello.My name is XXXXX XXXXX in the US in 2011 on J-1 visa. My visa expired in September 2011; however, since then I have been working and paid my taxes, too. About 3 months ago I got married.Now, my wife wants to sponsor my green card but her income is lower then the poverty guidelines.My question is can I file I864A form with her given that I am not supposed to be working as my visa had expired? Thank you.

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

No you cannot use income you have earned through unlawful employment.

Your wife will have to use a joint sponsor.

If you carefully read the I-864 it tells you that the person being sponsored can only use income from a lawful source. Lawful source means through employment that is legal.

In addition, the I-864A is not for the sponsored immigrant.

Judith

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