affidavit of support

[Kira]

As written in the previous posting, I am a U.S. citizen who intends to marry a B2 holder for legitimate reasons, but need to file for his adjustment of status so he can remain in the states. We are encountering problems w/ the form I-864, affidavit of support. If my income does not exceed the requirements, and joint sponsors are not readily available, and even between the two of us we cannot meet the requirement, is there anything we can do? In one source I read that some district offices have been urged by the INS to hold the 864 at the time of filing, not denying the case even if the requirements are not met, and allowing the petitioner and beneficiary the months or years until the adjustment of status interview to establish themselves and exceed the poverty guideline. Where can we find if this is done in our district office? We are located in San Jose, California. Thank you, Kira

[Allan Samson]

I am not certain about the policy of the San Jose INS office. In San Francisco INS insists that the I-864 be submitted at the time of filing. I suggest you go to the San Jose office and simply ask them what their policy is. Good Luck, ALLAN SAMSON