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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I filed the form I-864 with a sponsor different than my husband.

Customer Question

I filed the form I-864 with a sponsor different than my husband. But I got a letter that he has to send the I-864 even we won't use him as a sponsor with all the supporting documents (tax returns, W2..). The problem is that he has nothing of those. He is unemployed for 3 years now and he is working under the table. He has nothing. What should we do?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 2 years ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
If your husband filed the I-130 he still needs to file an I-864 and he puts down his income as $0.
When he does that he does not have to send in the tax return and W2.
Since you have a joint sponsor the USCIS will rely on their evidence of income but your husband still has to give the Affidavit because it is a contract to be responsible for you until you have accrued 40 work quarters or at least 10 years or you become a US citizen.
So if he gets a job and goes back to work the government can hold him and the joint sponsor liable if you collect any welfare benefits.
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Expert:  Judith Ludwic replied 2 years ago.
Was my answer unsatisfactory and unworthy of a good customer service rating?
How can I improve? I love to help people and truly thought I gave you an answer that would calm you down and let you rest easy.

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