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I am sponsoring and am an unemployed student who receives financial aid

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Hello all,

I am filling out the I-130 and I-485 with my wife, who is living in the US with me.

I am a US citizen and am sponsoring her. I just quite my job to start my graduate studies but have some savings and a stipend.

My questions would be the following:

  • Do I need to check "unemployed" in Form I-864?
  • I am adding my wife's income in Form I-864, which brings us both over the poverty guideline for 2 people. I also have savings of some tens of thousands of dollars. Will that be sufficient proof that, despite my unemployment, I can support my wife in the US?
  • Should I also provide proof of my stipend, which is non-trivial, and if so, how?

Thank you for your help!

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Unemployed means no job, which you are now.

What is your wife status? If she can't prove her income will be from same source after she is adjusted, you can't use her income.

It is time to find joint sponsor.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Hi,

You are not unemployed. You are a graduate student. Your stipend is your compensation for being a graduate student.

List your stipend as income. After all, you do get an income tax form from the school. Many people are unaware that some graduate students have income in the form of a stipend.

If your income does not meet the 125% poverty line, you need 3x the shortfall. It's not 5x. 3x for a spouse. 5x for other immigrants.

You may want to get a Joint Sponsor.

Best of luck.

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Excellent response, thank you, aaron2020!

My stipend already puts us well over the poverty guideline (more than 125%), and my savings alone are also more than 3x poverty guideline.

Nonetheless, since my wife works for the World Bank, I will add her work contract as well.

That should do the trick, right?

Thanks again!

Hi,

You are not unemployed. You are a graduate student. Your stipend is your compensation for being a graduate student.

List your stipend as income. After all, you do get an income tax form from the school. Many people are unaware that some graduate students have income in the form of a stipend.

If your income does not meet the 125% poverty line, you need 3x the shortfall. It's not 5x. 3x for a spouse. 5x for other immigrants.

You may want to get a Joint Sponsor.

Best of luck.

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You said you just quit your job and are pursuing graduate studies that provides a stipend.

1. What do you mean by "just"? A month ago? Last week? Yesterday?

2. Did you already start graduate school? Are you registered to start in the fall semester?

3. Did you quit and then start school? Or did you work and attend school and subsequently quit the job but not the school?

If you have already started (or started this summer - odd, but possible) and are just on break over the summer, you are not considered unemployed.

If you are starting in the fall and the stipend is future money to be earned, you are considered unemployed.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Thank you, Cheezees,

I quit my job at the end of May. Graduate school starts on the 10th of August, so by the time I mail these forms I'll be about to start attending classes.

I guess according to your logic that makes me unemployed? I could just wait until the 10th of August and then apply saying I'm employed.

IF I apply as unemployed, should I still put down the stipend as current income?

You said you just quit your job and are pursuing graduate studies that provides a stipend.

1. What do you mean by "just"? A month ago? Last week? Yesterday?

2. Did you already start graduate school? Are you registered to start in the fall semester?

3. Did you quit and then start school? Or did you work and attend school and subsequently quit the job but not the school?

If you have already started (or started this summer - odd, but possible) and are just on break over the summer, you are not considered unemployed.

If you are starting in the fall and the stipend is future money to be earned, you are considered unemployed.

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Hello all,

I am filling out the I-130 and I-485 with my wife, who is living in the US with me.

I am a US citizen and am sponsoring her. I just quite my job to start my graduate studies but have some savings and a stipend.

My questions would be the following:

  • Do I need to check "unemployed" in Form I-864?
  • I am adding my wife's income in Form I-864, which brings us both over the poverty guideline for 2 people. I also have savings of some tens of thousands of dollars. Will that be sufficient proof that, despite my unemployment, I can support my wife in the US?
  • Should I also provide proof of my stipend, which is non-trivial, and if so, how?

Thank you for your help!

I think it can be tricky to prove support in the form of a graduate assistantship, because, as a grad student your job is only "temporary". If your family can help you through a joint sponsorship I would consider doing that. Me and my husband (he is also a grad student) ended up doing that after talking to some lawyer friends and available lawyers at the university.


  • 061615 (day 0) - I-130, I-131, I-765 and I-485 sent
  • 061715 (day 1) - I-130, I-131, I-765 and I-485 received at USCIS
  • 062415 (day 8) - I-130, I-131, I-765 and I-485 notice date
  • 062615 (day 10) - NOA hardcopies received for I-130, I-131, I-765 and I-485
  • 070115 (day 15) - Suspended processing of case I-485 RFE
  • 070915 (day 23) - RFE Hardcopy received, I-94 missing
  • 071115 (day 25) - Sent RFE material to Lee's Summit MO
  • 071515 (day 29) - USCIS officially received RFE, started working on case again
  • 081815 (day 63) - Appointment Notice Date, Biometrics Appt. for I-485, I-130, I-131 and I-765
  • 082015 (day 65) - NOA hard copy about Biometrics Appt. for I-485, I-130, I-131 and I-765
  • 082415 (day 69) - Email notice AP (I-131) and EAD (I-765) approved
  • 091715 (day 93) - Biometrics Appt.
  • 091815 (day 94) - Email notice EAD (I-765) card ordered
  • 092315 (day 99) - Email notice EAD (I-765) card has been mailed
  • 092615 (day 102) - EAD/AP card delivered in mailbox

***************************************************************************************************************************************************************************************************************************************

  • 011516 (day 152) - Still waiting........ :clock:
  • 021116 (day 179) - Finally received inteview letter, but didn't notice until a week later hehe....guess I'm tired of checking the mailbox every day.

Upcoming

  • 032316 (day 220) - INTERVIEW SCHEDULED :dancing: !!!

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Thank you, AKOL. That's very helpful. I have another question for you:

With my stipend for graduate school, my savings, and my wife's income from working at the World Bank, all of which would individually put us over the poverty guideline, do you really think we need a joint sponsor? If so, could you please point me to the right procedure?

I think it can be tricky to prove support in the form of a graduate assistantship, because, as a grad student your job is only "temporary". If your family can help you through a joint sponsorship I would consider doing that. Me and my husband (he is also a grad student) ended up doing that after talking to some lawyer friends and available lawyers at the university.

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Thank you, AKOL. That's very helpful. I have another question for you:

With my stipend for graduate school, my savings, and my wife's income from working at the World Bank, all of which would individually put us over the poverty guideline, do you really think we need a joint sponsor? If so, could you please point me to the right procedure?

You keep saying your spouse working for world bank? Is she on H1B or some kind of work visas?


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Excellent response, thank you, aaron2020!

My stipend already puts us well over the poverty guideline (more than 125%), and my savings alone are also more than 3x poverty guideline.

Nonetheless, since my wife works for the World Bank, I will add her work contract as well.

That should do the trick, right?

Thanks again!

To use the immigrant's income, you need to provide proof that the income will continue from the same source after becoming a permanent resident.


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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Thank you, Cheezees,

I quit my job at the end of May. Graduate school starts on the 10th of August, so by the time I mail these forms I'll be about to start attending classes.

I guess according to your logic that makes me unemployed? I could just wait until the 10th of August and then apply saying I'm employed.

IF I apply as unemployed, should I still put down the stipend as current income?

No, future income cannot be reported. Even if you start work the day after you apply, you CANNOT claim this income/employment.

It seems like you will have to, by default, apply as unemployed. When I applied I had just stopped teaching in May, moved to another state, and then would begin teaching at another university in August. My income would have placed me well over the poverty line. However, since I could not claim future income, nor past income (technically I was employed by neither school during the summer break), and my husband (the US citizen) was a student with next to no income, we had to get a sponsor.

Could you apply after August 10th an avoid this hassle altogether?


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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We're trying to get my wife's travel authorization as quickly as possible. She needs to travel for work in late October, and we're worried that sending the papers on August 10th would put us at a high risk of not being able to get the authorization on time.

My wife just signed a new contract with the World Bank, where she is a contractor with a G-4 visa. The contract runs until March 2016. Would that be proof enough that my wife will receive income from the World Bank even after becoming a permanent resident?

No, future income cannot be reported. Even if you start work the day after you apply, you CANNOT claim this income/employment.

It seems like you will have to, by default, apply as unemployed. When I applied I had just stopped teaching in May, moved to another state, and then would begin teaching at another university in August. My income would have placed me well over the poverty line. However, since I could not claim future income, nor past income (technically I was employed by neither school during the summer break), and my husband (the US citizen) was a student with next to no income, we had to get a sponsor.

Could you apply after August 10th an avoid this hassle altogether?

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We're trying to get my wife's travel authorization as quickly as possible. She needs to travel for work in late October, and we're worried that sending the papers on August 10th would put us at a high risk of not being able to get the authorization on time.

My wife just signed a new contract with the World Bank, where she is a contractor with a G-4 visa. The contract runs until March 2016. Would that be proof enough that my wife will receive income from the World Bank even after becoming a permanent resident?

Her job needs to be way longer than March 2016, in USCIS perspective, when contract ends, her income source ends. It is time to find Joint sponsor.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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