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Q: My status has changed can I just fill out another I-864 form to get my wife to America?

I am an American Citizen and have been married to my wife for 5 years in China. We have a child. We went to guangzhou to petition for greencard. In her interview she was approved on the condition she find a joint sponsor. This was because I was working in China and didnt have a domicile or a job in America. Two months later I now have a domicile...I have an apartment...bank account...and I have a job making over 125% of poverty line. We couldnt find a sponsor. My question is can I just fill out another I-864 because of my new status? I want to be the sponsor now. Will this be a problem because he asked us to get a joint sponsor? I really need this answered asap

thanks

5 years 50 weeks ago in  Visa & Legalities - Other cities

 
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Posts: 4432

Emperor

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You need to be living in the U.S for at least 6 months for getting this status.. My some what rich Sister was going to be my wife's sponsor, but had conditions, so I wanted to find a route like you and do it myself, but when I tried I was told that needed be currently living in the U.S for at least 6 months and have 5 years of filed taxes...

 

So we gave up on that plan and have given up on the U.S job market due to Obama care..and just bought a house here in China and got my wife a U.S  tourist visa instead..

 

There's a chance you will have to cancel her current status and reapply for her new status that you are filing her under.

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5 years 50 weeks ago
 
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depending on your financial situation, it could be easier to get a tourist visa with a tour group or a student visa for a community college and then marry again in the us and file a change of status , she would be allowed to stay during the process of change of status and not returned, could actually drop out of school and get a partial refund, but she has to get in the country on a legal visa, doesnt matter if it expires during the change of status.

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5 years 50 weeks ago
 
Posts: 205

Governor

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Try posting your question on a website called "A Candle for Love" as it specifically deals with these kinds of questions.

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5 years 50 weeks ago
 
Posts: 4986

Emperor

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You need proof that you have 125% of the poverty line in cold hard cash for a family of 3 in order to avoid filing with a joint sponsor.  Otherwise, you'll have to go back and work there to sponsor her. Looks like you did that, though.

 

Yes, you should be able to sponsor her now that your status has changed (if you've been working in 'murica for at least 6 months) and that you meet the requirements to bring her home. It should not be a problem. Not all of the USCIS are filled with complete idiots. Include a written letter explaining EVERYTHING that you explained in this post, and more.

 

 

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5 years 50 weeks ago
 
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just go to mexico then walk across the border 

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4 years 48 weeks ago
 
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just go to mexico then walk across the border 

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4 years 48 weeks ago
 
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Just in case you need to fill out USCIS form I-864 , I found a blank form in this link http://goo.gl/pU409. This site PDFfiller also has several related forms that you might find useful.

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4 years 46 weeks ago
 
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