864 & student aid

[aykay 0]

US citizen, attempting to marry a foreigner who is currently IN the US (f-1), no children involved...

I'm concerned about meeting the income requirement. At the start of 2010, I was working in Americorps (low salary public service). In the fall I began graduate school, and wasn't able to work much during that time. Since december, I have been unemployed because i've been applying to another graduate program, which i'll be starting in the fall. I'll work some this summer, but essentially I've been "unemployed" (was living off school loan money) since November. I'll be taking out a lot in federal loans just to cover my tuition for the new program starting in August, and I know I won't be able to work much during the course of my studies. Is it possible for me to be the sole sponsor on her I-864, or am I considered below the poverty line? (In which case, what student ISN'T below the line?)

[aykay 0]

Oh, and both of us filed as independents on our 2011 taxes.

[PAPUNMANMU 4]

I have the same Question!!!!!

[Harsh_77 716]

Its just your income you dont have to add your spouse's income and you dont have to file joint as you guys are not married yet.

You need to be above 20% of the poverty line to be able to sponsor, if you do not have your own income which meets the criteria, you can use your parents or a relative as a joint sponsor.

[Anh map 2,098]

2011 taxes have not been filed yet. Perhaps you meant 2010.

Your annualized current and continuing income must meet the required amount on the I-864P (see link in my signature). If not, then you would need a joint sponsor.

[canadian_wife 1,791]

I don't believe that student loans can be considered income as it is not income, it is actually debt that is required to be paid back...with interest

Someone correct me if I am wrong

Good luck

[Anh map 2,098]

I don't believe that student loans can be considered income as it is not income, it is actually debt that is required to be paid back...with interest

Someone correct me if I am wrong

Good luck

Correct. Anything above tuition, fees, books, etc. may be eligible. Basically anything that a person would claim as income on their taxes.

[aykay 0]

Right, I know loans aren't true income, even if they in part pay for living expenses.

I guess I was just hoping that being a student myself would affect whether or not I was judged to be below the poverty line.

[Anh map 2,098]

Right, I know loans aren't true income, even if they in part pay for living expenses.

I guess I was just hoping that being a student myself would affect whether or not I was judged to be below the poverty line.

It's a numbers game. Doesn't matter your situation.

[canadian_wife 1,791]

Whether you are a student, a bum, or a CEO - you are all treated the same. There is a saying around here...no money no honey. If you can't provide the minimum requirements yourself, you need to find a cosponsor

good luck

[Darnell 8,478]

K-3 visa hopefuls don't file the I-864

I'll assume you aren't filing for a visa, but instead filing for an 'adjustment of status' since she's already in USA (albeit still unmarried)

*** moving to AOS/Student/work/tourist forum ***

[aykay 0]

K-3 visa hopefuls don't file the I-864

I'll assume you aren't filing for a visa, but instead filing for an 'adjustment of status' since she's already in USA (albeit still unmarried)

Wait, are you saying that instead of applying for an adjustment of status to permanent resident (as a spouse), we could get married and file for a k-3?

Also, does anyone have a clear guide as to how income is determined? I was reading the i-864 instructions, and I realized that our combined income (my spouse and I) would be above the 125% mark, however neither of us are currently employed, which I'm guessing goes against the 'continuing source of income' stipulation.

[belinda63 2,981]

In general income is determined from your tax returns. Some things such as non-taxed military wages, some disability pay, non-taxed retirement pay, etc. can also be included as income. I do not believe student loans count as income as they are a loan, not pay.

Proof of current income is required. Maybe start looking for a joint sponsor?

[Little_My 464]

Wait, are you saying that instead of applying for an adjustment of status to permanent resident (as a spouse), we could get married and file for a k-3?

I think Darnell was referring to you originally posting in the K-3 forum instead of the correct AOS forum. From reading VJ forums I have understood that the K3 is a dead visa these days, i.e. it doesn't really exist anymore, even though it's still on the USCIS website. K3 would not be for you anyway, since your fiance is already in the US - the only benefit of K3 compared to CR1 is that it allowed the foreign spouse to enter US faster than with the CR1. K3 spouse would still eventually have to file for AOS.

You are doing AOS from F1, which is an entirely different process, and allows the foreign spouse to be in the US for the whole processing. since you are both students, it is more than likely that you will have to find a co-sponsor to meet the income requirements.

[Gary and Alla 3,694]

US citizen, attempting to marry a foreigner who is currently IN the US (f-1), no children involved...

I'm concerned about meeting the income requirement. At the start of 2010, I was working in Americorps (low salary public service). In the fall I began graduate school, and wasn't able to work much during that time. Since december, I have been unemployed because i've been applying to another graduate program, which i'll be starting in the fall. I'll work some this summer, but essentially I've been "unemployed" (was living off school loan money) since November. I'll be taking out a lot in federal loans just to cover my tuition for the new program starting in August, and I know I won't be able to work much during the course of my studies. Is it possible for me to be the sole sponsor on her I-864, or am I considered below the poverty line? (In which case, what student ISN'T below the line?)

Most students do not meet the guidelines and use a co-sponsor. Student loans do not count for or against you except that a housing allowance can be used as income.