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Barry and Ami

I-864: Do I have enough money to meet the requirements?

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Filed: K-1 Visa Country: Japan
Timeline

So I have kinda of a complicated situation and I'm pretty worried about it.

I was going to have my father-in-law sponsor me since he did the I-134 for me, but he saw the contract for the I-864 and didn't want to be involved in the legal complications of it so I am left without a sponsor.

So I make 8.25 an hour and am working 40 hours a week currently. If I worked full time all year, I would be the requirements I believe but since I don't...I'm worried. When I'm going to school, I only work 20 hours a week. So I work full time about 5 months a year and another 7 or 8 I only work part time.

BUT I do have a letter from my employer saying that I work 40 hrs a week, my wage, and when I started working (so USCIS may at least think I work full time all year)...

Also another thing that concerns me is that I have almost no tax history. 2009 was my first year paying income tax. I was out of the country from Sept 2007 to June 2009. So I only have one tax return from the last 3 years and I only made about 3300 dollars in that 5 or 6 months after I got back.

So will they believe me if I say I have enough money this year despite my lack of tax history?

And I do have some assets. I have about 9000 dollars in the bank and another 3000 in possessions. I could put some more money in there if needed...

But how much should I have in there to be safe? (Or to at least be able to convince them that I do meet the poverty requirements)

Thanks so much! I've been way stressed about this!


12-21-09 I-129F Package sent!

12-29-09 NOA1

2-23-10 NOA2!!

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Filed: Lift. Cond. (apr) Country: India
Timeline

You're filing for AOS, yes? From a K-1?

If you haven't filed for AOS yet, how are you working? You are, I'm sure aware, that it is illegal to work without an EAD?

Or are you on a F-1 -- you mentioned going to school?


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Filed: Citizen (apr) Country: Australia
Timeline

You're filing for AOS, yes? From a K-1?

If you haven't filed for AOS yet, how are you working? You are, I'm sure aware, that it is illegal to work without an EAD?

Or are you on a F-1 -- you mentioned going to school?

The OP is the USC....

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Filed: Lift. Cond. (apr) Country: India
Timeline

Oh okay. Sorry, the 'I was going to have my father-in-law sponsor me' threw me off.

OP, I would look into getting another joint sponsor, just to be safe.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: K-1 Visa Country: Vietnam
Timeline

Based on the numbers you threw out there, I'm guessing your income to be about $12K per year. This would put you about $6K short to sponsor on your own. You'd need about $18K in assets to make up the shortage. Even then, you'd qualify by the skin of your teeth. Even if the IO believes you work full time, 52 weeks a year, you're still about $1000 short on income. You have enough assets to make up that amount, but you're giving the IO a lot of discretion. Given your age and the fact that you're in school, they'll understand the lack of a tax history, but they need a guarantee that your wife won't become a public charge, and they want a sponsor who is qualified to provide that guarantee.

You know you're not qualified on your own. I don't think you should bet your future on the hopes that the IO will come to a different conclusion. You really should have a joint sponsor.

When you say "father-in-law", are your talking about HER father? Her own father won't sign an affidavit of support on her behalf? :blink:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Nigeria
Timeline

You need to meet the requirements or your wife can't stay. It may mean taking a break from school if you can't find a co sponsor. There are no waivers of the support requirements.


This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Japan
Timeline

Sorry, I meant my stepfather.

I am thinking about doing a I-864A so I can use the assets of my mom or stepfather (that won't have as many legal obligations right?). If I use their assets I should be okay I think...

If I use the I-864A I don't have to up my household size to 3 right?

Thanks for the responses!


12-21-09 I-129F Package sent!

12-29-09 NOA1

2-23-10 NOA2!!

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Filed: Lift. Cond. (apr) Country: India
Timeline

The legal obligations are the same, from what I understand. If the immigrant uses means-tested benefits the government will first come after you, the petitioner, and then the joint sponsor (I-864) or the co-sponsor (I-864A) on record.

In order to use the I-864A you need to up your household size to 3 if you are going to combine their income and assets as a household member.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: K-1 Visa Country: Japan
Timeline

Nevermind, I just saw on the form why I need to up the household size. But why are the legal obligations the same? If the legal obligations are the same, what's the difference between a joint sponsor and someone who filled out the I-864A?


12-21-09 I-129F Package sent!

12-29-09 NOA1

2-23-10 NOA2!!

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Filed: Lift. Cond. (apr) Country: India
Timeline

A co-sponsor is basically a household member whose income and assets you are combining to prove sponsorship. The instructions state who can and cannot be a 'household member.'

A joint sponsor can be any LPR or USC, who lives in a different household than you, and can provide proof of income and assets for their household size including the intending immigrant.

There really is no difference essentially in terms of legal obligations--if you use someone who lives in your house, like a sibling or a parent, they will fill out an I864A. If you use someone else like a friend or an uncle who lives in a separate household, they will require a I-864.

The only difference is in YOUR household size. It would be 2 (you and your wife if you have no other dependents) if you used a joint sponsor (and they would calculate their own household size on their separate I-864), and 3 if you used a 'household member (who would file an I864A, think of it as an addendum to your form) since you have to add them to count their income and asset.

The basic premise is the same. The US government wants proof that your wife will NOT become a public charge. Since you do not meet the sponsorship requirements, you need to have a joint sponsor to prove that she will be adequately supported. Whether that's your father, brother, uncle, or friend, they don't care as long as someone signs on the dotted line. If the immigrant uses means-tested benefits the government will first come after you, the petitioner, and then the joint sponsor (I-864) or the co-sponsor (I-864A) on record, to recoup the same.

Read both the forms, I-864 and I-864A, completely. Thoroughly. Several times. Trust me, by the time I was through with my visa journey, I was ready to neck myself over the I-864.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: Citizen (apr) Country: Australia
Timeline

What are means-tested public benefits anyway? Is there a list of the stuff that if she receives I'll get sued?

yes here: http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public

Apparently she's only eligible after being an LPR for 5 years anyway

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