I-864 Questions

[ocean201 0]

Hello everyone:

I have questions for I-864 form. Questions- Q24-b,d,e, Q27 and Q28.

I am the petitioner (status: U.S. Citizen), my wife is the intending immigrants (She is on F-1 Visa, OPT status).

We live in the same residence in California.

My income doesn’t meet the 125% poverty line requirement. I am going to use my assets (savings, bonds, investment etc) and my wife’s assets (savings, bonds, CDs etc) to meet the income requirement. Our combined asset value is 3 times the requirements.

1. Should I use my spouse’s income or only her assets on I-864 Form

For Q24-b. I entered my wife’s income from her temporary contract job. Now, she doesn’t hold the same job and she is job hunting. I entered her income in this box. Based on I-864 Instruction: the spouse’s income must continue from the same source after he/she becomes LPR. Should I count her income as part of household come or I should enter 0? My concern is immigration official may ask for proof of current employment for income resource.

2. Do I or my wife need to fill out I-864A form?

Based on I-864A instruction: if the sponsor using intending immigrant’s income on I-864 to meet the eligibility requirement. You need to complete I-864A only if you have accompanying dependents (my wife doesn’t have dependents). If your sponsor is including only your assets on I-864, you do not need to comply this form (I-864A). This question related to Q24-D and Q24-E. Should I check box D or E?

Q26-A: I have a joint bank account with my wife. Should I count only my portion in the account and let my wife count her portion in Q28-A or I can use total amount of this account for this question?

4. Q27 – I entered N/A and 0 (in case that my wife don’t need to fill out I-864A form)

5. Is our asset value is enough to meet the requirement? Or I need to ask another co-sponsor to help us? (I saw some form instructions says the income or asset needs to be 5 times the difference between sponsor’s income and poverty line)

Income / Asset requirement:

I appreciate your help and suggestions!

Jeff

[Darnell 8,478]

Her assets, are computed at 1/5, not 1/3.

Your assets are computed at 1/3.

Unsure about how to show/include her income.

[Kathryn41 3,205]

Topic has been moved from AOS from a Family Visa to AOS from a Work, Student & Tourist Visa forum as OP is adjusting from an F-1 status.

[JimVaPhuong 4,863]

1. Should I use my spouse’s income or only her assets on I-864 Form

For Q24-b. I entered my wife’s income from her temporary contract job. Now, she doesn’t hold the same job and she is job hunting. I entered her income in this box. Based on I-864 Instruction: the spouse’s income must continue from the same source after he/she becomes LPR. Should I count her income as part of household come or I should enter 0? My concern is immigration official may ask for proof of current employment for income resource.

What needs to be listed is current income. If she isn't working now then she doesn't have any income. Enter zero.

2. Do I or my wife need to fill out I-864A form?

Based on I-864A instruction: if the sponsor using intending immigrant’s income on I-864 to meet the eligibility requirement. You need to complete I-864A only if you have accompanying dependents (my wife doesn’t have dependents). If your sponsor is including only your assets on I-864, you do not need to comply this form (I-864A). This question related to Q24-D and Q24-E. Should I check box D or E?

The intending immigrant would not need to fill out an I-864A. You check box 24.e, and enter her assets in section 28 of your I-864.

Q26-A: I have a joint bank account with my wife. Should I count only my portion in the account and let my wife count her portion in Q28-A or I can use total amount of this account for this question?

Your choice. It would be less complicated if either you or her list the entire amount in your own section of the form. Splitting the amount will confuse the IO because neither amount will reflect what's shown on the bank statement.

4. Q27 – I entered N/A and 0 (in case that my wife don’t need to fill out I-864A form)

That's fine. You could also just leave optional lines blank, or just draw a line through them.

5. Is our asset value is enough to meet the requirement? Or I need to ask another co-sponsor to help us? (I saw some form instructions says the income or asset needs to be 5 times the difference between sponsor’s income and poverty line)

Income / Asset requirement:

I appreciate your help and suggestions!

Jeff

The 3X rule applies if the intending immigrant is the spouse or minor child of the sponsor who is signing the I-864. Otherwise, the 5X rule applies. Whichever rule applies, it is applied to all assets declared on the same I-864, whether those assets belong to the sponsor, a qualifying household member, or the intending immigrant. They don't split the rules on the same I-864.

The 3X rule applies in your case.

[ocean201 0]

Hello Jim:

Thanks for the reply! Your concise answers made my doubt went away!

Edited July 13, 2011 by ocean201