AOS, I-864 Affidavit of Support and join sponsor

[Dostoievski 0]

Hi All,

I am filling out the I-864 Affidavit of Support for my husband Salah. My taxes for the 2008 tax year show that I am under the Federal Poverty Guidelines by $3,325.00 for a household of 3. In 2008, I was a student part of the year and then received a contract for teaching for the rest of the year. My annual income for my job and listed in my contract, however, is more than the Federal Poverty Guidelines.

I have some assets in the way of a school retirement fund and some savings, but I found another document (re: FAQ for the I-864) that says in order for my assets to qualify they had to be 5 times the difference of the sponsor's income and the federal poverty guidelines or 3 times the difference if the spouse is also the spouse of the person applying for adjustment of status.

It is all very confusing and no one I have called has been able to give me any useful information. They say it is up to the local office and suggest I get community-based or legal assistance. I am ready to ask for a joint sponsor if I do not qualify, but I heard it can be risky if you apply and do not meet it because the person may be asked to leave the country or the process will be delayed. But, if I can qualify on my own, I would prefer to do that than to ask for a joint sponsor.

Will they look at my annual income or just at the adjusted gross income shown on my taxes from 2008? Has anyone who did not meet the federal poverty guidelines submit using other assests and current work contracts get approved as a sponsor? Could I submit my I-864 and a joint sponsor's I-864, but ask them to run mine first to see if I qualify before they run the joint sponsors? If I send only mine and I do not qualify, then send the joint sponsors information, is that risky?

Very frustrated...

All regards

Carynn

[YuAndDan 153]

You may want to completely read the I-864 directions, NOT 5 times, only 3 times when it is for an immigrant spouse of a US citizen.

so if your income was $3325 short, then assets only need to be more than $9975 NOT $16625.

This is because the prospective immigrant can file an N-400 for citizenship at 3 years of LPR status NOT 5, when the immigrant has been married to a US citizen for the 3 years.

[Dostoievski 0]

You may want to completely read the I-864 directions, NOT 5 times, only 3 times when it is for an immigrant spouse of a US citizen.

so if your income was $3325 short, then assets only need to be more than $9975 NOT $16625.

This is because the prospective immigrant can file an N-400 for citizenship at 3 years of LPR status NOT 5, when the immigrant has been married to a US citizen for the 3 years.

Thanks Yu and Dan. I already understood that it only needs to be more than 3 years, believe me, I have read everything multiple times, but my questions were the following:

Will they look at my annual income or just at the adjusted gross income shown on my taxes from 2008?

Has anyone who did not meet the federal poverty guidelines submit using other assests and current work contracts get approved as a sponsor?

Could I submit my I-864 and a joint sponsor's I-864, but ask them to run mine first to see if I qualify before they run the joint sponsors?

If I send only mine and I do not qualify, then send the joint sponsors information, is that risky?

[YuAndDan 153]

Thanks Yu and Dan. I already understood that it only needs to be more than 3 years, believe me, I have read everything multiple times, but my questions were the following:

Will they look at my annual income or just at the adjusted gross income shown on my taxes from 2008?

Gross income, OR if employed the number that your employer indicates on the employer letter. They are concerned with current and future income.

Has anyone who did not meet the federal poverty guidelines submit using other assests and current work contracts get approved as a sponsor

This is a provision on the I-864, the assets need to be documented and liquid, easily converted to cash.

Could I submit my I-864 and a joint sponsor's I-864, but ask them to run mine first to see if I qualify before they run the joint sponsors

No you cannot stipulate this. You can simply send yours and see if they RFE for better financials, or joint sponsor.

If I send only mine and I do not qualify, then send the joint sponsors information, is that risky?

Only risk is an RFE for joint sponsor.

[Dostoievski 0]

Thanks Yu and Dan. I already understood that it only needs to be more than 3 years, believe me, I have read everything multiple times, but my questions were the following:

Will they look at my annual income or just at the adjusted gross income shown on my taxes from 2008?

Gross income, OR if employed the number that your employer indicates on the employer letter. They are concerned with current and future income.

Has anyone who did not meet the federal poverty guidelines submit using other assests and current work contracts get approved as a sponsor

This is a provision on the I-864, the assets need to be documented and liquid, easily converted to cash.

Could I submit my I-864 and a joint sponsor's I-864, but ask them to run mine first to see if I qualify before they run the joint sponsors

No you cannot stipulate this. You can simply send yours and see if they RFE for better financials, or joint sponsor.

If I send only mine and I do not qualify, then send the joint sponsors information, is that risky?

Only risk is an RFE for joint sponsor.

Thanks! That is what I suspected. I think I will just be safe and get a joint sponsor. I don't want to delay the process any longer than necessary. You have been a big help!