i-864 questions

[jennareid 20]

I'm really hoping someone can help me with this because I'm starting to get flustered with all this masses of AOS paperwork!

My husband earned below the poverty line last year according to his most recent tax return. $16,851 to be precise, so $1,361 below the poverty line for 2 people. So, according to the i-864 rules he should have 3x the difference in savings. In our joint savings account we have just over $7,000, which covers the difference.

The only kind of printout we can get from the bank really looks no different to his online banking. How closely do USCIS look at stuff like this? Will it matter that the account with the savings in is joint between me and him? Would I have to fill in anything? He should earn more this year (he should be getting a full time contract at work in a few weeks, up until now he's been working mostly full time hours but in quieter periods his work week gets cut to 3 days on his current part time contract) which his most recent pay stubs will show.

I'm just concerned USCIS will find a way to overlook the savings account and just go by the tax transcripts, in which case he wouldn't earn enough - at the Embassy interview they wouldn't accept his income alone (granted, he didn't have all my savings moved over at that point). We used a co-sponsor, his dad, but he was actually laid off the week I moved over. At this point it's going to be difficult (though not entirely impossible) to get a co-sponsor.

[JimVaPhuong 4,864]

They can consider your assets to be available for your own support. This would include money in a joint account. No additional forms (e.g., I-864A) is required from you unless he is also sponsoring children of yours. A bank statement showing the money is in a savings account (not checking) should be sufficient. You could also get a letter from a bank officer stating the amount in the account, but I doubt it would make any difference since we're not talking about a huge amount of money.

To be honest, your husband's affidavit is "iffy". He wouldn't qualify without your savings. If the immigration officer isn't convinced that he'll be able to continue to qualify then he/she could very easily insist on a co-sponsor. They could send an RFE for a co-sponsor, or they could put your case on hold at the interview and ask you to come back with a co-sponsor. You'll save yourself some potential headaches by getting a co-sponsor now.

[Nik+Heather 122]

They can consider your assets to be available for your own support. This would include money in a joint account. No additional forms (e.g., I-864A) is required from you unless he is also sponsoring children of yours. A bank statement showing the money is in a savings account (not checking) should be sufficient. You could also get a letter from a bank officer stating the amount in the account, but I doubt it would make any difference since we're not talking about a huge amount of money.

To be honest, your husband's affidavit is "iffy". He wouldn't qualify without your savings. If the immigration officer isn't convinced that he'll be able to continue to qualify then he/she could very easily insist on a co-sponsor. They could send an RFE for a co-sponsor, or they could put your case on hold at the interview and ask you to come back with a co-sponsor. You'll save yourself some potential headaches by getting a co-sponsor now.

Jim,

I guess I had the impression that the consulates could exercise discretion, but I thought that the I-864 was fairly inflexible. If they have the money in cash (savings vs. checking matters??) and they meet the guidelines, why would there be any question?

[jennareid 20]

Thanks for the advice, Jim. I also thought that the i-864 had set rules and was not up to the IO, but I wasn't certain. Plus I don't want to risk it if it's up to their discretion.

I guess really it's better to be safe than sorry - hubs' Grandma has offered to co-sponsor, though she's limited to Social Security-only income (plus savings). I can see it being a hassle and likely upsetting for her sorting the paperwork since all her tax returns and other docs were joint with Grandpa who passed away earlier in the year. I was hoping that we'd be able to scrape by without a co-sponsor just because I want to be able to hurry up and get the applications sent off!

[Bobby+Umit 161]

The IO has a lot of discretion on allowing the affidavit to pass.

They are looking to see if the petitioner/sponsor can support the person, now and in the future.

If your affidavit is weak - they may ask for more proof or even a co-sponsor.

Here is what they do when considering 864's.

Here is what they say in the 864 FAQ:

Is a sufficient I-864 the only consideration for meeting any public charge issues at the time of the visa interview? No. Even though the I-864 is a contract and the U.S. government prohibits giving immigrants most federal means-tested public benefits for at least the first five years after their arrival in the U.S., consular officers look at other public charge issues. They will look at the complete financial situation of the sponsor and the applicant.

This means looking at the age, health, education, skills, financial resources and family status of the applicant and the sponsor.

They will confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.

So - the stronger your affidavit - the better off you will be.

[Nik+Heather 122]

The IO has a lot of discretion on allowing the affidavit to pass.

They are looking to see if the petitioner/sponsor can support the person, now and in the future.

If your affidavit is weak - they may ask for more proof or even a co-sponsor.

Here is what they do when considering 864's.

Here is what they say in the 864 FAQ:

So - the stronger your affidavit - the better off you will be.

But your sources are all for the state department, which I agree exercises some discretion. They've already passed the state department, and are back with USCIS doing AOS.

I guess I just don't understand why a couple who meets the minimum guidelines established should be troubling their family for cosponsor documents if they already meet the cut off. Not trying to be belligerent, Just wondering if I'm missing something here.

[Bobby+Umit 161]

But your sources are all for the state department, which I agree exercises some discretion. They've already passed the state department, and are back with USCIS doing AOS.

I guess I just don't understand why a couple who meets the minimum guidelines established should be troubling their family for cosponsor documents if they already meet the cut off. Not trying to be belligerent, Just wondering if I'm missing something here.

State and USCIS follow the same 864 guidelines concerning "public charge" considerations.

If you "just" make the level - and your past history shows you may go below that level in the future - the IO may use that as a basis to not accept the Affidavit.

In the AFM (which USCIS uses) - this is what they use as part of the denial letter:

You are not eligible for adjustment of status under section 245 (a)(2) of the Act, because you are inadmissible as an alien who is likely at any time to become a public charge pursuant to section 212(a)(4)© of the Act, 8 USC 1182(a)(4)(A) and 1255(a)(2).

The "at any time" is a catch all. You may be making the cut with your "just" made it affidavit, but will you be able to do it next year? or the next? That is all taken into consideration.

It's all in how the person looking over you case considers what is good enough. If you can convince them you (the sponsor) will be making enough to support the person - then your good to go - if not - you get denied, and perhaps a chance to RFE for a co-sponsor.

So - having a stronger case will only help you.

[jennareid 20]

Bumping this thread since I have a couple more questions. We still haven't managed to send off our AOS yet as we are having some problems getting together info for a co-sponsor.

I'm an idiot for not noticing before, but the reason my husband was under the income limit for last year is because he was on a part-time contract at his job and was sometimes only working 3 days a week. He has recently been made full-time. So at $10 an hour, full-time, his annual income would be around $20,000 (if I've worked it out correctly) which is over the limit for the i-864. His last few months of paystubs will show that he has been working far more than 40 hours a week.

Is it OK to work out what he would earn in a year on $10/h and put that as total income on the i-864? Or does that figure have to match the income on his last year's tax return? Another problem is that his work refuses to issue a letter of employment for anyone, so all we would have to show that he's working full-time are his paystubs.

[VanessaTony 3,567]

Bumping this thread since I have a couple more questions. We still haven't managed to send off our AOS yet as we are having some problems getting together info for a co-sponsor.

I'm an idiot for not noticing before, but the reason my husband was under the income limit for last year is because he was on a part-time contract at his job and was sometimes only working 3 days a week. He has recently been made full-time. So at $10 an hour, full-time, his annual income would be around $20,000 (if I've worked it out correctly) which is over the limit for the i-864. His last few months of paystubs will show that he has been working far more than 40 hours a week.

Is it OK to work out what he would earn in a year on $10/h and put that as total income on the i-864? Or does that figure have to match the income on his last year's tax return? Another problem is that his work refuses to issue a letter of employment for anyone, so all we would have to show that he's working full-time are his paystubs.

According to the I-864 you CAN use paystubs to prove employment and do as you said and calculate his income. A lot of other people have more experience here so I'm bumping this to get their attention and also to tell you not to fret, you should be okay The letter of employment, I would think is actually a legal obligation his work must provide him with one.. I could be wrong but it sounds iffy...

[Anh map 2,098]

Bumping this thread since I have a couple more questions. We still haven't managed to send off our AOS yet as we are having some problems getting together info for a co-sponsor.

I'm an idiot for not noticing before, but the reason my husband was under the income limit for last year is because he was on a part-time contract at his job and was sometimes only working 3 days a week. He has recently been made full-time. So at $10 an hour, full-time, his annual income would be around $20,000 (if I've worked it out correctly) which is over the limit for the i-864. His last few months of paystubs will show that he has been working far more than 40 hours a week.

Is it OK to work out what he would earn in a year on $10/h and put that as total income on the i-864? Or does that figure have to match the income on his last year's tax return? Another problem is that his work refuses to issue a letter of employment for anyone, so all we would have to show that he's working full-time are his paystubs.

Is your husband properly explaining what he needs regarding the employer letter? He isn't asking for some sort of binding contract that obligates the employer. He simply needs a letter showing pay rate, position, length of service. John Jones is currently employed as a xxxxx at a wage rate of $10 per hour. John Jones has been employed since mm/dd/yy.

Was his contract work done through an agency or directly through the employer? If through another company/agency then perhaps a statement from them regarding the "temp to hire" contract may be helpful.

If he cannot obtain that info then current pay stubs will prove income. If this change to full time is recent I suggest submitting as many pay stubs as possible to show that the income trend will continue.

[jennareid 20]

Yes, he explained what he needed in terms of an employment letter and has been told they refuse to give out ANY sort of letter like that in case the employee is fired and tries to sue the company using the letter as proof of employment. He asked several different people at his work and got the same answer every time.

He didn't go through an agency. His employer starts people off on a part-time contract and you have to "earn" full-time by working an average of 36 hours a week over a 6 month period (as on most days they are given the option of leaving a bit early or staying with the possibility of overtime). At some points last year they cut all part-timers down to just 3 days a week so last year he couldn't make that average to earn FT.

Even on a PT contract, he's been working up to 52 hours a week for the past few months so his paystubs will show that.

Thanks for the help.

[Anh map 2,098]

Yes, he explained what he needed in terms of an employment letter and has been told they refuse to give out ANY sort of letter like that in case the employee is fired and tries to sue the company using the letter as proof of employment. He asked several different people at his work and got the same answer every time.

He didn't go through an agency. His employer starts people off on a part-time contract and you have to "earn" full-time by working an average of 36 hours a week over a 6 month period (as on most days they are given the option of leaving a bit early or staying with the possibility of overtime). At some points last year they cut all part-timers down to just 3 days a week so last year he couldn't make that average to earn FT.

Even on a PT contract, he's been working up to 52 hours a week for the past few months so his paystubs will show that.

Thanks for the help.

That stinks. When the economy improves he needs to go to work for a decent employer.

Just document what you can as best you can.