Using Applicant's income for i-864 Affidavit of Support

[greencardorbust 0]

1. Anyone have experience using your foreign spouse's (applicant's) income to prove financial ability on the i-864? I know she'd have to show that she'll maintain the income from the same source. But does USCIS look more suspiciously at this than at an application where the SPONSOR is providing the income? The applicant here is working on her OPT, so this is all USA income.

2. To throw in a second complication, she didn't make enough last year to make the 125% of poverty cutoff for the two of them--BUT she only started her OPT in August. So she'd basically have to show that she'll maintain the same source of income all this year, and hope they buy her math (which multiplies her monthly income last year by 12 months this year to get to something just above the 125% minimum, $18212.50)

Any experiences here would be great.

Thanks!

[RebeccaAndPhil 5]

1. Anyone have experience using your foreign spouse's (applicant's) income to prove financial ability on the i-864? I know she'd have to show that she'll maintain the income from the same source. But does USCIS look more suspiciously at this than at an application where the SPONSOR is providing the income? The applicant here is working on her OPT, so this is all USA income.

2. To throw in a second complication, she didn't make enough last year to make the 125% of poverty cutoff for the two of them--BUT she only started her OPT in August. So she'd basically have to show that she'll maintain the same source of income all this year, and hope they buy her math (which multiplies her monthly income last year by 12 months this year to get to something just above the 125% minimum, $18212.50)

Any experiences here would be great.

Thanks!

Hello! When we applied for my husband to become a LPR I used my income (I'm the USC) as the primary source of income but I also added my hubby's (applicant) income as a supplement, even though mine alone was above the poverty line. I had just started my job in July 2009 and we applied in October 2009 and we got no RFEs and were approved just fine! They are more interested in your current income so don't worry that she just started. I was a student up until May 2009 so I had under $3000 as my gross income for the previous 3 years before on the tax forms I sent in too Also, it's not a problem to use the immigrant's income to get your income to the required level (if needed), just be sure the both of you get a letter from each of your employees stating your salary and that you will continue working there in the foreseeable future/are in good standing. I think my letter of employment used those exact words that I was "in good standing." Also make sure each of you sends in evidence separately; meaning you each need to send in pay stubs, tax returns, etc

[greencardorbust 0]

Wow, very encouraging, thanks Rebecca and Phil! I think I'll advise my friends to go ahead and marry/AOS based on her income, if she can keep her job (she was going to leave after her OPT in June....these guys haven't quite thought thru the ramifications that if she leaves, they're separated at least 5 months by my count, waiting on K-1....)

[RebeccaAndPhil 5]

Wow, very encouraging, thanks Rebecca and Phil! I think I'll advise my friends to go ahead and marry/AOS based on her income, if she can keep her job (she was going to leave after her OPT in June....these guys haven't quite thought thru the ramifications that if she leaves, they're separated at least 5 months by my count, waiting on K-1....)

No problem! If she is in the US now with her boyfriend/fiance than they should definitely marry here and file AOS. It's the easiest and fastest route if both parties are already in the US.