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Filed: J-1 Visa Country: Chile
Timeline
Posted

My wife is the petitioner and we are living togheter for more than 2 years. Her income is not enought to meet the income requirement but my income help to pass this rule.

1. Do I need to fill out Form864?

Then, I was reading the instructions for Form I864, Adjustment of Status. In the instruction says:

"The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of age when they sign the form"

"If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status".

"However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children"

I just want to make sure before to send the papers...I don't need to fill out form i864A because I'm the spouse and I don't have anybody immigrating with me...is that right?

I (PETITIONER) just have to put my individual annual income in question 24 and mark option e "The person listed above,

complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents".Is this correct??

2. Can my spouse use the gross income showed in her W2 from last year (2010) as her current individual annual income in question 23. She has the same job and the same salary.

3. What documments do you recommend me to send with this form I864? (We are already sending the package with I130+I485)

Thanks guys

Posted

No, you can add your income to your wife's I-864. You are not a household member, you are the intending immigrant and immediate family member. Look over the instructions again and good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
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