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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28196
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I'm married to US citizen on 02/09/15. I sent my I-485

Customer Question

Hello, I'm married to US citizen on 02/09/15. I sent my I-485 application but uscis asked us to send affidavit of sponsor. My husband hasn't worked for last 5 years ( he helps his uncle and gets some cash. No taxable income). So my mom is sponsoring me.
I sent I-864 (my mom signed it) but USCIS is asking to send another I864 for the petioner (my husband) along with his most recent year Federal tax return. I don't know what to because he has nothing to send. Please advise. I have to send those in 45 days otherwise
they'll deny my application.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Your husband must send an I-864 because that is a contract with the government to reimburse it for any means tested benefits you may collect until you have accrued 40 working quarters which is approximately 10 years of full-time work.

Even if your husband has no income currently or for the past 5 years he may have income in the future so he has to submit the I-864.

He would enter his income as being $0 if he has had not taxable income and attach a statement explaining why he has not filed tax returns.

The USCIS will be somewhat suspicious of how he has supported himself if he is an adult and has had no income so this he needs to be careful not to make any false statements as this application is signed under penalty of perjury and he could end up with criminal charges both from USCIS and the IRS if he lies about his income or lack there of.

So in addition to the I-864 from your mother the joint sponsor, he has to submit an I-864 with the clarifying statement.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith replied 1 year ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith

Expert:  Judith replied 1 year ago.

I have sent you an offer for a telephone discussion which should be in your email box.

Judith