Intending immigrant income for Affidavit of Support

[mikeghurley 0]

Hi,

Some background - I'm currently working legally in the US on a J1 intern visa. The company that I'm working for want me to continue working after my J1 visa expires (July 28 2016)

My wife and I got married on 4/24 (YAY!!). We're filing I-130, I-485, I-765 and I-864 concurrently tomorrow. Unfortunately she's just finishing grad school and will not meet the income requirements for Form I-864. I, however, earn well above the income requirement and this will continue from the same source after immigration.

My questions are as follows:

(1) How do I prove that my income will continue from the same source and to what extent do I need to prove it? I have a contract valid until 2/1/2017 and this will be extended into full-time work. Will a letter from my company saying that suffice?

(2) Do I need to fill out form I-864A? It seems like there are mixed messages. We are spouses but we don't live together yet (but we will in the next couple of weeks)

How Can the Intending Immigrant Be Considered a Household Member? Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Affidavit of Support requirements:

1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence; or

2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.

(3) It's important that I get my EAD via I-765 relatively close to when my current J1 visa work authorization expires, so that I can keep working at my current job. Will this be totally jeopardized if we get an RFE based on the income situation with forms I-864 and I-864A? We're wondering if we should just go ahead and get a joint sponsor just in case.

Thanks so much for your help!

Edited April 28, 2016 by mikeghurley

[Adil & Jeanne 296]

I would ask the company to extend the work visa

apply later to adjust

[mikeghurley 0]

Not an option, unfortunately. My J1 visa is explicitly 1-year maximum.

[Transborderwife 4,666]

Firstly, does your j1 have 2yr home residency mandate? Secondly you can request an expedite on financial hardship with a letter from your employer

[mikeghurley 0]

Thanks for your replies! No two year home residency role (thankfully!). My wife's father is friends with his congressman - which we're hoping can help expedite the I-765 process. I'm mostly just concerned that we don't get any RFE's based on income requirements. I guess what I'm asking is will the I-864 and I-864A documents greatly impede the I-765 process?

[arken 4,197]

As a spouse, you don't need to fill i864A but you need to be residing with your wife. See i864 instruction below.

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children

[mikeghurley 0]

Thanks for your reply! I noticed that too, but in the quote from the I-864A instructions I posted above, it says

1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence;

OR

2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.

So confusing...

[arken 4,197]

Thanks for your reply! I noticed that too, but in the quote from the I-864A instructions I posted above, it says

1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence;

This is for the intending immigrant other than the spouse so not applicable to you.

OR

2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.

This for those intending immigrants who have accompanying dependents so not applicable to you unless you have some.

So confusing...

[Harpa Timsah 13,258]

You put your income on your wife's I-864 because you are the only immigrant and a spouse. A letter explaining that your job continues should do the trick.

[Rosie89 0]

On 28/04/2016 at 10:46 PM, Harpa Timsah said:

You put your income on your wife's I-864 because you are the only immigrant and a spouse. A letter explaining that your job continues should do the trick.

Hi Harpa, 

 

just wondering if you you have experience of a letter like this being accepted at an interview in London? 

 

My husband the usc currently lives and works in London but will move 

to the US next month and continue working for the same company remotely. He had a letter from his company, will that be sufficient for the affidavit of support to show he can support me? 

 

Any advice you can give me would be really helpful- I'm nervous that they will want more evidence! 

[azblk 338]

3 hours ago, Rosie89 said:

Hi Harpa, 

 

just wondering if you you have experience of a letter like this being accepted at an interview in London? 

 

My husband the usc currently lives and works in London but will move 

to the US next month and continue working for the same company remotely. He had a letter from his company, will that be sufficient for the affidavit of support to show he can support me? 

 

Any advice you can give me would be really helpful- I'm nervous that they will want more evidence! 

Wrong forum. try the CR1/IR1 forum

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-amp-procedures/

[Rosie89 0]

12 hours ago, azblk said:

Wrong forum. try the CR1/IR1 forum

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-amp-procedures/

Oops, sorry. Thanks for the heads up!

[Ontarkie 13,913]

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