I have a few questions about the affidavit of support form for a marriage-based card. We have an approved I-130

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Customer: I have a few questions about the affidavit of support form for a marriage-based green card.
JA: What steps have you taken? Have you filed any paperwork with the U.S. government?
Customer: Yes, We have an approved I-130 application.
JA: Have you talked to a lawyer about the green card?
Customer: No, up to this point we have done it all ourselves.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No not that I can think of.
Answered by Guillermo Senmartin in 1 min 1 year ago
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Guillermo Senmartin
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Guillermo Senmartin, Expert

Hello! My name is***** and I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer.

This is the list that I like to use to support the I-864:

1) Copies of the last income taxes.
2) Copies of the last 1099s and/or W-2s.
3) Copies of the last 6 to 12 bank statements.
4) Copies of the last 6 to 12 paycheck stubs.
5) Letter from the employer on company letterhead stating salary, position, time with the company and prospects for continued employment in the near future.

If you are self-employed, you replace #5 and add #6 and #7 below:

5) Being self-employed, I would include copies of the articles of incorporation and proof that you are the owner.
6) Copies of the company's profit and loss statements.
7) A letter stating the position with the company, what the pay is and the prospects for this remaining stable or improving in the near future.

What else may I answer for you?

Customer
I have two "What if" questions that we need answering. #1 If we use my husband's foreign income (He is the one receiving the green card) to meet the requirements of the I-864 and he loses that income i.e. laid off or fired would he get deported? Or #2 If we use my husband's foreign income and he loses that income by quitting in order to start a new job at a US company would there be any legal consequences such as deportation.
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Guillermo Senmartin, Expert

1) Please look at the I-864 instructions where it says on how to use the intending immigrant's income. Essentially he has to prove that the income will continue from the same source and in the same level after immigrating to the U.S.

2) Please see #1 above. If that income is from a job and he has to quit that job to come to the U.S., then it won't work. Sorry. If he doesn't make enough, then he must look for a Joint Sponsor for the financial aspect of the case. This Joint Sponsor must also file the same Affidavit of Support that he does and submit the same evidence that he still has to submit. The Joint Sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident that is over the age of 18 that makes the minimum amount. It does not have to be a family member or a household member.

If that will not work and if you do not make enough, you can look for a Joint Sponsor for the financial aspect of the case. This Joint Sponsor must also file the same Affidavit of Support that you do and submit the same evidence that you still have to submit. The Joint Sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident that is over the age of 18 that makes the minimum amount. It does not have to be a family member or a household member.

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