I-864 While Unemployed

[Alan01 0]

I was employed when my wife got her visa, but my company went out of business before she got here. Fine. Now I have to fill out the I-864 for her AOS.

1) Can I use Unemployment insurance to qualify as income?

2) I have rental income on a property I own. Can I simply include this in my total wihtout proof?

3) Should I attach an explanation of what's going on?

4) Do I need to go the asset route?

Thank You.

[pushbrk 12,106]

I was employed when my wife got her visa, but my company went out of business before she got here. Fine. Now I have to fill out the I-864 for her AOS.

1) Can I use Unemployment insurance to qualify as income?

2) I have rental income on a property I own. Can I simply include this in my total wihtout proof?

3) Should I attach an explanation of what's going on?

4) Do I need to go the asset route?

Thank You.

Did you read the instructions for and look at the I-134? You don't include anything without evidence to back it up. If you don't qualify, you'll need a sponsor who does.

[Alan01 0]

I was employed when my wife got her visa, but my company went out of business before she got here. Fine. Now I have to fill out the I-864 for her AOS.

1) Can I use Unemployment insurance to qualify as income?

2) I have rental income on a property I own. Can I simply include this in my total wihtout proof?

3) Should I attach an explanation of what's going on?

4) Do I need to go the asset route?

Thank You.

Did you read the instructions for and look at the I-134? You don't include anything without evidence to back it up. If you don't qualify, you'll need a sponsor who does.

Yes, I did. But my unemployment insurnace income is greater than 125% of the poverty rate, so I wonder if that should be enough. Just because I'm temporarily out of work doens' t mean I won't have an income this year - I have assets, but want to put the minimum, so I've checked unemployed and my income, which (as said) is greater than $125%.

Any ideas? Anyone?

[pushbrk 12,106]

I was employed when my wife got her visa, but my company went out of business before she got here. Fine. Now I have to fill out the I-864 for her AOS.

1) Can I use Unemployment insurance to qualify as income?

2) I have rental income on a property I own. Can I simply include this in my total wihtout proof?

3) Should I attach an explanation of what's going on?

4) Do I need to go the asset route?

Thank You.

Did you read the instructions for and look at the I-134? You don't include anything without evidence to back it up. If you don't qualify, you'll need a sponsor who does.

Yes, I did. But my unemployment insurnace income is greater than 125% of the poverty rate, so I wonder if that should be enough. Just because I'm temporarily out of work doens' t mean I won't have an income this year - I have assets, but want to put the minimum, so I've checked unemployed and my income, which (as said) is greater than $125%.

Any ideas? Anyone?

The purpose of the affidavit is to convince the Consular Officer the intending immigrant will not become a public charge. The best practice for employed people is to provide a letter from the employer stating the employee is considered permanent (whatever that means in an at will employment environment but it doesn't mean specifically "temporary") and full time etc. and stating the wages or salary.

UI, by definition is temporary. It might run out before you have a job. So put yourself in the adjudicator's shoes and see what they would see from the picture you paint. If you have sufficient liquid assets at 3 to 1 to cover the income requirement you may be ok but you'll need to document enough assets to cover it, a little over 50 grand for a household of two. Frankly, I think an affidavit showing current unemployement without a co-sponsor or significant assets documented would get a bit of a chuckle before the blue slip asking for a co-sponsor. An exception might be a highly employable sponsor showing three previous tax returns with a significant income. It's all a judgment call but you need the bases covered.

[dipten 0]

hello everyone. i am confused ..please suggest me what to do? i am us citizen and i filed i 130 for my wife but i am unemployed since 07/15/2009. i made $14,500 income in 2009 which is below then poverty line($18,200). and i have to file i 864 for my wife. i can arrange some around $20000 in my bank account if needed to file i 864. so can i file i 864 with $20000 cash assets while i am unemployed? or should i take my parents as a household member and file i 864 or i 864a? my father,mother file tax jointly so if i have to file jointly i 864 then please advise me which form my parants should file,i864 or i 864a?

thanks for your help.

[pushbrk 12,106]

hello everyone. i am confused ..please suggest me what to do? i am us citizen and i filed i 130 for my wife but i am unemployed since 07/15/2009. i made $14,500 income in 2009 which is below then poverty line($18,200). and i have to file i 864 for my wife. i can arrange some around $20000 in my bank account if needed to file i 864. so can i file i 864 with $20000 cash assets while i am unemployed? or should i take my parents as a household member and file i 864 or i 864a? my father,mother file tax jointly so if i have to file jointly i 864 then please advise me which form my parants should file,i864 or i 864a?

thanks for your help.

$21,000 in cash assets would theoretically replace a $7,000 income shortfall but adjudicators know UI is temporary. I would get a joint sponsor, either one parent who qualifies providing their own I-864 or a household with I-864a's in addition to your I-864.