i-864 Affidavit of Support - i-864 - Using sponsor's (spouse) current income + mine?

[emperorvinayak 0]

Hello all,

I'll be filing a family-based green card soon. I'm currently on my F-1 24 month STEM OPT extension. My spouse currently meets the income requirement. She is making USD 30,000 per year. This can be confirmed by her past 6+ months of paychecks and her employment offer/contract which I will be attaching.

The problem is:

• She has only filed for one tax return in 2016 because she was a student prior and did not meet the income requirements to file for taxes.
• That tax return is definitely below the poverty line because, again, she was enrolled in college and was only working part time.

I will be attaching a 2016 form 1098-T (tuition statement) if that helps.

Now I make $45,000 a year. Should I add myself as a source for household income to total $75K? I meet the requirements as in I have been living with her in joint residence as evidenced by a copy of our lease that I will be attaching. I have my offer letter and paystubs that I can attach.

The problem is that I will need to prove that my income source will continue from the same employer. From the i-864 instructions:

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.

What exactly does that mean? Will I not be able to switch employers after getting adjusted? What shall the wording of a letter from the employer be? Will simply stating that my employment will not be terminated solely because of adjustment of status change be enough?

Any advice on any of this will be greatly appreciated.

Thank you!

[Suudsu 66]

13 minutes ago, emperorvinayak said:

My spouse currently meets the income requirement. She is making USD 30,000 per year. This can be confirmed by her past 6+ months of paychecks and her employment offer/contract which I will be attaching.

Great, then her affidavit with income exceeding 125% of the poverty threshold should be fine.

15 minutes ago, emperorvinayak said:

The problem is:

• She has only filed for one tax return in 2016 because she was a student prior and did not meet the income requirements to file for taxes.
• That tax return is definitely below the poverty line because, again, she was enrolled in college and was only working part time.

Are you saying that she didn't file tax returns in the previous years (2014, 2015?).

[emperorvinayak 0]

15 minutes ago, Suudsu said:

Great, then her affidavit with income exceeding 125% of the poverty threshold should be fine.

Are you saying that she didn't file tax returns in the previous years (2014, 2015?).

Thank you for your reply!

Yes, that is correct. She was working part-time in college as an assistant to the professor and barely made any money.

[Suudsu 66]

3 hours ago, emperorvinayak said:

Thank you for your reply!

No problems.

 

Looking forward, even if you file your AoS in the next month or so, when they get to your application next year they will ask for her 2017 tax return. Presumably, her 2017 tax return will exceed 125% of the poverty threshold and it will be easy to prove her income.