AOS- beneficiary being sponsor

[ali1365 4]

Hi

I am going to fill out my adjustment of status and I am wondering if I can be my own sponsor as a beneficiary. My wife is the petitioner and I am the beneficiary. My salary meets the requirement and we filled out our tax returan as married filling jointly. So I am wondering since my wife's salary alone does not meet the requierment, can I be my own sponsor?

[Transborderwife 4,666]

Your timeline says f2a. How are you AOSing?

[KayDeeCee 4,891]

What visa are you adjusting from? Do you work in the US legally?

[ali1365 4]

I am phd student holding research assistantship which is almost 26000$ a year. By the way adjustment of status is for everyone who is already in the US and doent matter if you are f2a or ...

[Starkilla09 366]

If you're earning your wages legally in the U.S. then yes you can fill out the affidavit of support yourself. You'll have to show proof of such though with copies of your EAD or valid form I-20 together with your affidavit.

Edited August 10, 2015 by Starkilla09

[ali1365 4]

I found my answer from USCIS website and I can do use my salary as an sponsorship which as what I want

USCIS:

• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[ali1365 4]

If you're earning your wages legally in the U.S. then yes you can fill out the affidavit of support yourself. You'll have to show proof of such though with copies of your EAD or valid form I-20 together with your affidavit.

Thank you for your respond! I will include a copy of my I-20 with CPT authorization which shows and proves my legal work authorization.

So should I fill out a separate I-864 by myself and my wife fill out another one? or should we fill out just one form?

By the way, we are going to ask her stepfather to be our joint sponsor to make sure AOS goes well.

[Starkilla09 366]

You fill out just one copy. You qualify though based on your 26K household income of 2. If you want to add your step father to jump even higher that's fine but it's not necessary.

[KayDeeCee 4,891]

I am phd student holding research assistantship which is almost 26000$ a year. By the way adjustment of status is for everyone who is already in the US and doent matter if you are f2a or ...

Well, it is not for everyone that is in the US. It depends on what visa you are adjusting from, whether or not the petitioner is a US citizen or not, and if your priority date is current to do so.

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~

[newacct 688]

Your wife is the petitioner. She will fill out an I-864. She will put her current individual annual income (Part 6 item 5) as 0. She will list your info and income in "Person 1" (Part 6 item 6) whose income is being included. Her income and your income will sum to the current household annual income (Part 6 item 10), which is the number that needs to meet the 125% poverty level. Normally using a household member's income will require that household member to fill out an I-864A, but in the case the household member is the person being sponsored, you do not need to fill out an I-864A. So you do not need to fill out any form.

Edited August 10, 2015 by newacct

[NancyNguyen 1,657]

You will prove your income will be from same source after you get your GC. If you can't prove it is a long term job, you can't use your income towards household income.

[newacct 688]

Your wife is the petitioner. She will fill out an I-864. She will put her current individual annual income (Part 6 item 5) as 0. She will list your info and income in "Person 1" (Part 6 item 6) whose income is being included. Her income and your income will sum to the current household annual income (Part 6 item 10), which is the number that needs to meet the 125% poverty level. Normally using a household member's income will require that household member to fill out an I-864A, but in the case the household member is the person being sponsored, you do not need to fill out an I-864A. So you do not need to fill out any form.

I meant your wife will list whatever her salary is in her individual annual income.

[Amber87 2]

On 10 August 2015 at 9:21 AM, ali1365 said:

Hi

I am going to fill out my adjustment of status and I am wondering if I can be my own sponsor as a beneficiary. My wife is the petitioner and I am the beneficiary. My salary meets the requirement and we filled out our tax returan as married filling jointly. So I am wondering since my wife's salary alone does not meet the requierment, can I be my own sponsor?

Hi Ali1365,  I am needing to do the same thing, sponsor myself, as a beneficiary, using my income. Are you able to tell me what form you used to do this? Thank you for your help!! 😊

[Starkilla09 366]

13 minutes ago, Amber87 said:

Hi Ali1365,  I am needing to do the same thing, sponsor myself, as a beneficiary, using my income. Are you able to tell me what form you used to do this? Thank you for your help!! 😊

You’ll need an affidavit of support (form I-864). Even though you’re a beneficiary, you can still add your own income to meet income requirements provided it’s income you earned with lawful authorized employment. You’ll also need to send a copy of the front and back cover of your EAD (employment authorization document), as well as other documentary evidence as required.

[Amber87 2]

On 19 October 2017 at 4:54 PM, Starkilla09 said:

You’ll need an affidavit of support (form I-864). Even though you’re a beneficiary, you can still add your own income to meet income requirements provided it’s income you earned with lawful authorized employment. You’ll also need to send a copy of the front and back cover of your EAD (employment authorization document), as well as other documentary evidence as required.

Thank you for your help!