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PDF Editor FAQ
Is it mandatory for a US citizen sponsoring their spouse from abroad, and also living with their spouse abroad, to submit the Form I-864?
Usually, I-864 is mandatory, but in certain specific situations an exemption from filing I-864 is available. In this case, the intending immigrant files a much simpler I-864W instead:I-864W, Request for Exemption for Intending Immigrant's Affidavit of SupportIn the case of “normal” spouse sponsorship, one potentially applicable situation when I-864W is available is when the intending immigrant (i.e. the foreign spouse) has already earned (or can be credited with) 40 credits (“quarters”) of social security coverage.(On how the “credited” part works, see 9 FAM 302.8 (U) PUBLIC CHARGE).
Why would an embassy ask for a Form I-864W?
Form I-864 W — Request for Exemption for Intending Immigrant’s Affidavit of Support — is a form issued by the Department of Homeland Security’s US Citizenship and Immigration Services (US CIS) Its instructions are to “Use this form to establish that applicant is exempt from the Form I-864 requirements.”(The above was copied from the US CIS website.)
Could I, a 16-year-old child of an H-1B visa holder, marry a US citizen and be able to stay in the US and get a green card?
Yes, your spouse can petition you to immigrate after the marriage, and you can do Adjustment of Status in the US, provided that:The two of you are legally allowed to marry in the state where you are.Your spouse is at least age 18, because only at that age can he/she sign the I-864 Affidavit of Support which is required for family-based immigration (unless you have accrued at least 40 quarters of Social Security credits from your own work and your parents’ work up to now, in which case you can do I-864W and an I-864 is not necessary).Your spouse’s household income (including the income of his/her relatives living in the same household if they are willing to sign a form) is sufficient to meet a certain level required for the I-864 Affidavit of Support, or a joint sponsor, whose household income is enough, can be found to fill out a second I-864 Affidavit of Support. (Again, this is unless you have accrued enough Social Security credits to do I-864W, in which case no I-864 is necessary.)Also pay special attention to the USCIS Adjudicator’s Field Manual Chapter 21.3(a)(2)(D) “Marriage Involving Minor(s)” as USCIS will consider the validity of the marriage at the place where it was celebrated and in the state where the couple intends to live, in such a case involving a beneficiary who is a minor.
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