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864 - using intending immigrants income

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Filing I-130 for my mother along with 485.

I have a family of 3. I don't work and we rely on my husbands income. Which doesn't seem to be enough for our family and her under the guidelines. Can we use her income? She makes a lot more than we do and has had this job for over 10 years!


03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

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07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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Her visitor visa expired and she stayed in the country

But she has had an "official" job with the same company all this time.

What visa is she adjusting from? She is in the US and working legally for the last 10 years?

^^


03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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Ok, just saw your other post. She came on a visitor's visa, so how is she working legally in the US for the last 10 years making more than your husband?

Only legal income can be used on the I-864. If she is residing with you and her income is legal and she can prove it will continue after becoming a permanent resident, then it can be used on your I-864. This does not seem to be the case though.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Ok, just saw your other post. She came on a visitor's visa, so how is she working legally in the US for the last 10 years making more than your husband?

Only legal income can be used on the I-864. If she is residing with you and her income is legal and she can prove it will continue after becoming a permanent resident, then it can be used on your I-864. This does not seem to be the case though.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

She has been working. I'm honestly not sure. She got the job, told the company, and they were fine with it.

So then in this case we will need someone else to file as a sponsor as well since mine and my husbands is not enough?


03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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She has been working. I'm honestly not sure. She got the job, told the company, and they were fine with it.

So then in this case we will need someone else to file as a sponsor as well since mine and my husbands is not enough?

She can't work on visitor visa. Something is off here. You need a co-sponsor.


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Her income is not from a legal source, and so cannot be counted on the I-864.

Hopefully she's been paying her taxes.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Her income is not from a legal source, and so cannot be counted on the I-864.

Hopefully she's been paying her taxes.

She has :)

I guess it's only considered "not from a legal source" because she's not here legally?

We've found someone to co sponsor, though, luckily.

It won't be an "issue" that I personally have no income, right? I'm aware I'll need to fill out 864A for my husband since I'm using his income.


03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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Follow up question:

Since we are now using a co-sponsor

Part 1, section 1.e, I (the petitioner), would be considered the "first" of two joint sponsors, correct?

Part 3, "I am sponsoring the principal immigrant named in part 2",

Yes or no "applicable only in cases with two joint sponsors"

But if we are having a co-sponsor.... Would it be NO? But wouldn't YES make sense either way?!?

And does the co sponsor need to file a whole new I-864 or only an 864A (like my husband, who's income I'm using because he's a household member?)


03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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A joint sponsor fills out their own separate I-864. They are not a household member, so they will not use the I-864A.

You will check 1a., and the joint sponsor will check 1d. You do not have more than one joint sponsor. You cannot have more than one joint sponsor for only one immigrant.

Part 3 you check Yes, you are sponsoring the one and only principal immigrant. The same goes for your joint sponsor.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Follow up question:

Since we are now using a co-sponsor

Part 1, section 1.e, I (the petitioner), would be considered the "first" of two joint sponsors, correct?

Part 3, "I am sponsoring the principal immigrant named in part 2",

Yes or no "applicable only in cases with two joint sponsors"

But if we are having a co-sponsor.... Would it be NO? But wouldn't YES make sense either way?!?

And does the co sponsor need to file a whole new I-864 or only an 864A (like my husband, who's income I'm using because he's a household member?)

No

You will file the i864 as the sponsor, I am the sponsor, the petitioner is always the sponsor, even if you make $0 income

your co sponsor will file another i864 as the only joint sponsor

your husband doesn't file anything, you aren't using his income, you are using your joint sponsor's income

both of you mark yes since the sponsor and joint sponsor are filing the i864 to cover the beneficiary which is your mom

now if his income was enough, then you would use the i864A as household member, and you wouldn't need a joint sponsor

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Wonder how she got the job? Claimed to be a US Citizen?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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A false claim of US citizenship, such as on an I-9, would be a lifetime bar from the US for which there is no waiver available.

USCIS can and have subpoenaed I-9s from people's employers before, particularly when they have a long work history but lack employment authorisation, to see if they have wrongly asserted to be a US citizen.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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A false claim of US citizenship, such as on an I-9, would be a lifetime bar from the US for which there is no waiver available.

USCIS can and have subpoenaed I-9s from people's employers before, particularly when they have a long work history but lack employment authorisation, to see if they have wrongly asserted to be a US citizen.

She did not claim to be a citizen.

Her employer fully knows of her status.


03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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