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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106291
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My fiance and i recently got married and as a US citizen,

Customer Question

my fiance and i recently got married and as a US citizen, she is filing for me. we both live and work in the US, as part of the documents, we have to submit an affidavit of support, however i earn more than her and i'm capable of supporting us both
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 20 days ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 20 days ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 20 days ago.

Sorry about the delay. How much does she earn per year? Does she have any other dependents such as minor children? What is your current status in the U.S.?

Customer: replied 20 days ago.
shes a student and earns about $20000, a year. she has a 6 year old son from previous marriage, her ex husband has custody. i earn about $80000 a year, and i'm a recipient of DACA
Expert:  Guillermo J. Senmartin, Esq. replied 20 days ago.

Does she claim the child as a dependent? Does she pay child support or receive it?

Customer: replied 20 days ago.
she doesnt, she pays child support
Expert:  Guillermo J. Senmartin, Esq. replied 20 days ago.

Ok. According to the 11th page of the I-864 instructions, you can use your income to qualify because you are a spouse as long as that income will continue from the same source after you are granted the green card. Here is the link:

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

So yes, you can use your income to qualify.

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 and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 20 days ago.
how do i document that on the affidavit of support?
Expert:  Guillermo J. Senmartin, Esq. replied 20 days ago.

You get a letter of employment from your employer that states your position, salary, time with the company an prospects for continued employment in the near future. You will also submit your last 3 to 6 paycheck stubs, last 3 to 6 bank statements and last incomes taxes and 1099s/W-2s.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 19 days ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 17 days ago.

Thank you for your kindness and respect. Good luck to you.