Related Depedent A Co-Sponsoror-I-864 A

[I-864-Problem 0]

I am a US citizen recently graduated and working full time. I am going to file I-864 and other related documents for my husband's permanent residency. I earn around $3000/annum less than I should earn from my job to be at par with the 125% poverty line. Moreover, I started my job only two months ago, and therefore, I have not filed tax return yet. Nevertheless, I have a letter from my employer as a proof of my job. I know that I can file tax return in January-2011, but it will show my past two month income only. Therefore, I am not sure if it is worthy to file tax return now?

Secondly, my husband is a full time PhD student receiving full research assistantship. I am told that because he is a student and research assistantship is non-taxable income as it is considered as a fellowship, his research assistantship can not be used as a source of his income. Also, he had been been receiving full time Teaching Assistant for last three years and he had been filing tax return for that income. If USCIS considered my husband's RA as income, combined with my current income it would be more than sufficient, but I am not sure about this.

Other alternate to this problem could be the bank saving of my husband. As I am missing $3000/annum, and according to the rules mentioned in I-864 instructions, I should show 3 times the missing income, i.e,. around $9000 cash deposite in my acccount. I wonder if cash in my husband's account, will it be acceptable?

Finally, my father is my dependent and I will file my tax return putting him as my dependent. He receives around $1000/month retirement social secuirty. I wonder if he can be a co-sponsoror and fill I-864A. It is a confusion because in I-864 instructions it says "An unrelated dependent can be a household member even if this unrelated dependent does not live with you". Now, my father is my dependent but also he is my "Related Dependent" as he is my father. I wonder can he be a co-sponsoror?

[YuAndDan 153]

http://www.uscis.gov/files/form/i-864ainstr.pdf

This is one use for the I-864A, Your husband can use it to ADD his income to yours. The I-864A can allow the person adjusting status to use their income for sponsorship.

You are not adjusting from a family visa like K-1, you are adjusting from Work or Student visa, moving this to the correct forum.

Edited January 1, 2011 by YuAndDan

[amykathleen2005 441]

Remember to count your father as a dependent, so instead of having to be above the poverty line for 2 people (you and your husband) your total must be for 3. Perhaps you knew that already, but I thought I would point it out anyways as I have seen people in the past get confused over this topic.

[I-864-Problem 0]

Thanks for replying. Though I have all this information, and printed forms, etc. Still, I have those SPECIFIC doubts which I ask in my post above. Therefore, please let me know if you can advise me with that. I am going to post my questions to other forum.

[Harpa Timsah 13,258]

Therefore, I am not sure if it is worthy to file tax return now?

If USCIS considered my husband's RA as income, combined with my current income it would be more than sufficient, but I am not sure about this.

I wonder if cash in my husband's account, will it be acceptable?

1. I am not sure what "worthy" is for filing a tax return. File your tax return, sounds like you make enough that you must file and you will probably get a refund if you only worked part of the year.

2. Income is income; I am not sure what taxable or nontaxable has to do with it. USCIS is not worried about non-taxable income; they are worried about your husband becoming a public charge. You can use his income.

3. Yes, you can use the intending immigrant's assets.

This is the correct forum. Good luck.

Edited January 2, 2011 by Harpa Timsah

[Kathryn41 3,205]

Two duplicate threads of this topic located in two other forums have been removed (they had no responses). Please post your topic only once. If it is in the wrong forum it will be moved to the right one, which for this thread, is this forum.

[I-864-Problem 0]

Thanks for reply. I guess I could not explain my problem clearly. I will try to make it clear now.

In I-864 instructions it says that I can use my relatives' income if they share the same residence with me, or I can use the income of unrelated dependent even if he does not live with me. My father is my dependent and he does not live me, but he is my relative my birth. My question is if it makes him elligible to be a co-sponsoror or not? (As per instructions in I-864 I must file a tax-return in order to show that my father is my dependent and not living with me.)

Please give me your best advise possible. Thanks!

1. I am not sure what "worthy" is for filing a tax return. File your tax return, sounds like you make enough that you must file and you will probably get a refund if you only worked part of the year.

2. Income is income; I am not sure what taxable or nontaxable has to do with it. USCIS is not worried about non-taxable income; they are worried about your husband becoming a public charge. You can use his income.

3. Yes, you can use the intending immigrant's assets.

This is the correct forum. Good luck.

[jojototo 3]

I think since your father is your dependent, he can just fill out i-864A form to allow you use his income for sponsoring. Co-sponsor should not be your dependent.---My opinion, correct me if I am wrong..

Thanks for reply. I guess I could not explain my problem clearly. I will try to make it clear now.

In I-864 instructions it says that I can use my relatives' income if they share the same residence with me, or I can use the income of unrelated dependent even if he does not live with me. My father is my dependent and he does not live me, but he is my relative my birth. My question is if it makes him elligible to be a co-sponsoror or not? (As per instructions in I-864 I must file a tax-return in order to show that my father is my dependent and not living with me.)

Please give me your best advise possible. Thanks!

[Darnell 8,478]

I say just get a bunch of cash, in an account in both yer names, and let some IO adjudicate the I-864.

Forget the father/dependent/co-sponser. Get Some Cash.

Good Luck !