Petition for husband

[nichka]

What is the name of your state (only U.S. law)?
NJ
Hi,
I am a naturalized citizen and would like to petition for my husband who came here as a student (J1) and overstayed his visa. I have 3 related questions.
1. What form should I use I-130 or I-485?
2. Will they ask me to prove my income eligibility, that I can support him? If yes, my income for last year is small ($7000 for the year) but now I'm just starting a business and do have a money at my bank account to support him. In addition, he has a good job.
3. But anyway, if this will be not enough, I can ask my landlord to be a guarantee person who can sign as fiance guarantor. What documents we need to ask him and show to the USCIS?

Thank you.

 

[evcalyptos]

What is the name of your state (only U.S. law)?
NJ
Hi,
I am a naturalized citizen and would like to petition for my husband who came here as a student (J1) and overstayed his visa. I have 3 related questions.
1. What form should I use I-130 or I-485?
2. Will they ask me to prove my income eligibility, that I can support him? If yes, my income for last year is small ($7000 for the year) but now I'm just starting a business and do have a money at my bank account to support him. In addition, he has a good job.
3. But anyway, if this will be not enough, I can ask my landlord to be a guarantee person who can sign as fiance guarantor. What documents we need to ask him and show to the USCIS?

Thank you.

You as the US citizen must petition your relative. That is form I-130.
Your relative must apply to adjust status. That is form I-485.

You will need to show that your relative will not become a public charge, using form I-864. It requires current INCOME be 125% of the poverty guideline for your household size.
His income may not be included if he is not employment authorized. He is not EA, correct?

The I-864 allows for a "joint sponsor". That person also completes an I-864; you would need the form, proof of his citizenship or US PR status and his tax return. The form and instructions spell it out.

 

[nichka]

Details on I-864

We reviewed form I-864 and found the following statement under the Sponsor's Contract part
"What Does Signing the Form I-864 Require Me to do?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:
--
Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)"

Is this mean that if our income will be less that poverty line ($16,500) the sponsor MUST (on mandatory basis controlled by USCIS or other institution) support us financially until my husband becomes citizen?

Thank you for your help.

 

[evcalyptos]

We reviewed form I-864 and found the following statement under the Sponsor's Contract part
"What Does Signing the Form I-864 Require Me to do?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:
--
Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)"

Is this mean that if our income will be less that poverty line ($16,500) the sponsor MUST (on mandatory basis controlled by USCIS or other institution) support us financially until my husband becomes citizen?

Thank you for your help.

It means that you must prove that your income (you must be the sponsor in a spouse application) is $17500/year currently and assure the officer that you're likely to meet/maintain that level of income for the future.
You need to read the income levels correctly too.. unless you are in Alaska or Hawaii, you have to be at 125% of the poverty guideline. Go to uscis.gov and get form I-864P.

If your own salary is not $17500 and you are getting a Joint Sponsor, the Joint Sponsor's income must be at that level AND the potential is there for your husband to sue the sponsor to maintain him at that income level.
There are only one or two published cases where an immigrant got this sort of support, and they got it from their USC spouse, not the Joint Sponsor.