I-864 Affidavit of Support

[Orela]

My husband has a disability and is on a fixed income. At this time, I'm his dependent and he is not eligible for affidavit of support I-864 (less $10,000/year - below poverty income guideline). We're living in a motorhome (no house), don't have any investments or assets besides our monthly fixed income. There are no relatives, no friends, no churches, no charities that can help (we've already tried and asked a lot).

1. Our lawyer will not submit my AOS I-485 package until I'll find an affidavit of support I-864 (financial sponsor). Is there a way that I can get at least my work authorization (without I-864), so that I can go work and earn money for us?

2. By other resources, I've got told to submit the I-485 package without Affidavit of support I-864 anyways and to worry about the I-864 later for the AOS interview. But, on the other hand I've got told that with submitting it without I-864, I might get denied and still not receive my work authorization. And I might run the risk to get the I-485 denied and will be deported.

Our lawyer told us there is nothing we can do, but having an affidavit of support first in order to get the EAD. We just cannot find anybody to be my affidavit of support. What shall I do in order to get the work authorization? Can anybody help me? Does anybody know of a certain organization, charity, church or anything similar somewhere in the US that is known to help in cases like ours (signing I-864 affidavit of support). Please let us know soon.

We are in a pickel. Financially, we cannot afford to wait until I find an affidavit of support in order to get my work authorization and to be able to work (that might take months to find somebody to be my affidavit of support).

I would greatly appreciate any advice. Thanks, Orela.

 

[bacita]

Orela,

In my limited experience, you do not have to file the I-864 with the I-485. You should be able to get work authorization w/o the I-864. Then you can get a job and report that income when you do file the I-864 at a later time. This advice was given to me by an immigration advocate with Catholic Charities in our local diocese. You do not have to be Catholic to receive help from them. We filed the I-485 without the I-864. My husband has his work card and is currently employed. We are awaiting his fingerprinting and our interview. Why is your lawyer stalling? If he won't file without the I-864, get your paperwork from him and file the I-485 yourself.

Good Luck!

 

[Orela]

Hi Bacita,

Thanks so much for your suggestion. We've already spoken to the Catholic Diocese here ourselves. Thanks for mentioning it. They suggested to get the package back from the lawyer and submit the I-130. But, they said we will not get the work permit without the I-864. I'm really confused. Some say I have to get a financial sponsor first and some say worry about it later and simply send off the I-485 package w/o I-864. I really think at this point it depends in which state or area you're living in. We've got told in Los Angeles, New York or so it wouldn't be a problem without I-864 to start out.
But we are living in Southern Virginia and here are not a lot of immigrants as well as "under the table" jobs. Do you think it's better to move soon in another state where there are more immigrants and more options? First of course, we need to have a few dollars. So, that's probably not gonna be easy at all. If you don't mind my asking, but in which state are you living in and to which Catholic diocese did you go? Maybe they can help us! Please let us know soon. Thanks, Orela.

 

[bacita]

Orela,

Somehow I lost the lengthy message I was going to post. I'll try to remember it all...

My husband and I are in Iowa. We got help from the Archdiocese of Dubuque. They are on the web. (www.arch.pvt.k12.ia.us/charities.htm)
We filed our papers in person at the Omaha, NE office. If I can remember correctly, we filed the G-325(A), I-130, I-485, and I-765. Not the I-864. My husband walked out of the office the same day w/ his work permit and has been working for the past 6+ months. We filed under the LIFE act so our situation may be different than some. We're waiting for his fingerprinting and our interview and will probably file the I-864 at one of those times. I printed off all our forms (www.ins.usdoj.gov) and filled them out myself. We had met w/ a lawyer but chose not to pay an extra $3000 for his services in addition the $1500 in INS filing fees. (Part of which is a $1000 fine which may not apply to you, so I hope that figure doesn't give you a heart attack.) Our papers were reviewed by an immigration advocate w/ Catholic charities. Since I did do them myself and we haven't completed the process yet, I do have some paranoia that some mistake I may have made on the form will get my husband deported. The forms are long, a little confusing, and frustrating but not impossible and a lawyer is not absolutely necessary for the process. You don't mention where you're originally from and under what circumstances you're filing, but your English seems excellent. In my humble opinion and based on my very limited experience, I would get your papers back from your lawyer and file them yourself w/o the I-864 so you can get your work authorization. I can't understand his/her reasoning. No where in the forms or on the INS website does it state that the I-864 is necessary for the I-765. Our advice from Catholic charities was to wait on the I-864 so we could also include my husband's income, although mine would have been sufficient to get us above the poverty level. You may want to consult w/ another lawyer. I can give you the numbers of 2 here in IA if you'd like. It shouldn't make a difference where you live; you shouldn't have to move. INS is a federal agency, although there may be discrepancies among area offices. If you do the papers yourself, make sure you have all the supporting documents (photos, birth certificates, marriage certificate, any translations necessary must be certified). Make copies of everything, including your checks to INS, and keep in a safe (fireproof) place as its not unheard of for INS to lose things.

Good luck and best wishes.