Do I qualify to be the ONLY Sponsor on I-864

[stuk 0]

Hey all,

I filed my I-130 petition in June and received my NOA1 on June 22. Once approved, I’m hoping to get through the NVC as fast as possible, using all the shortcuts I can find on this forum.

Here’s my situation: I’m fortunate enough to live with my wife (the beneficiary) in Australia during this whole process on a temporary working visa. However, we’ve been here about 3 months and I just recently found work—so I haven’t been employed for long. My annual pay is approximately $35,000AUD (so just a bit more in USD). My gross (total) income on my last three U.S. tax returns (2010, 2009, 2008) has been approximately $45,000, $12,000, and $9,000, respectively (I filed IRS form 1040). I don’t have any assets.

My question is in regards to the Affidavit of Support form I will eventually be filing. I need to be able to show that I make at least $18,387. My current annual salary obviously exceeds that, but since I’ve only been working since August (I was a student earlier in the year) by the end of the year I will only have made about 1/3 of that salary, so about $12,000. Is this potentially something that will cause my Affidavit of Support to NOT be approved? Also, as I’m living out of the country, will that factor into the approval decision (I don’t have any job lined up when I go back to the States)? I’m worried since it is just a temporary job and I don’t have a job to go back to in the U.S., that the NVC will not approve my application and it will be delayed.

Lastly, how much does it matter that in 2009 and 2008 my gross income is not above 125% of the poverty line? I know I’m not required to submit the tax transcripts for those years, but question 25 on the Affidavit does require that I say what my total income was. So either way they are going to know how much I made those years and that it was below the poverty line. From what I’ve learned on this forum and through reading the instructions for the Affidavit of Support they don’t qualify you based on those years, so I guess I already know the answer. I’m just a bit worried that since I don’t have a permanent job and my income was low in 2008 and 2009, that I have two “strikes” against me and it may raise a red flag.

Does anyone have any input or perhaps a similar situation? Just wondering if I need to find a joint sponsor. I’d rather arrange that now, if you guys think it’s needed, rather then wait until NVC sends me an RFE and my case is delayed.

Any help is appreciated.

[Penguin_ie 6,000]

You currently work in Austrtalia? If so, your income will not count at all, unless you can get an intra-company transfer back to the USA. For foreign income to county, it must continue once the USC and beneficiary immigrate.

Chances are you will get through NVC, as they only look at the forms and not officially approve them, the embassy does that. But at embassy/ interview time, you will need a co-sponsor.

[stuk 0]

Ahhh....good to know. Thank you very much

[stuk 0]

So I talked to my Dad and he is going to be the joint sponsor. Since I'm living in Australia only temporarily, I've kept my place of residence in the US by using my Dad's address (actually I've been using that address for several years now as my permanent address while I was attending college). Is that going to matter if we both list our place of residence the same on each of our I-864 forms we fill out? I'm not a dependent on my Dad's tax returns, so according to the instructions for the I-864 I'm not part of his household. But since it is my "place of residence", will the NVC get hung up on that at all?

I think I already know the answer, but just could use some assurance from somebody that this is ok. Just don't want my case delayed more than a minute longer than it needs to be.

[mer&damby308 0]

So I talked to my Dad and he is going to be the joint sponsor. Since I'm living in Australia only temporarily, I've kept my place of residence in the US by using my Dad's address (actually I've been using that address for several years now as my permanent address while I was attending college). Is that going to matter if we both list our place of residence the same on each of our I-864 forms we fill out? I'm not a dependent on my Dad's tax returns, so according to the instructions for the I-864 I'm not part of his household. But since it is my "place of residence", will the NVC get hung up on that at all?

I think I already know the answer, but just could use some assurance from somebody that this is ok. Just don't want my case delayed more than a minute longer than it needs to be.

You apparently are still part of his household, since you "live" there....thus he is a household member and he needs to fill out the i-864A (i just had to figure this out myself!)

[stuk 0]

Hmmm...so here's what it says in the instructions for the I-864:

"How Do I Count Household Size? Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children, parents, or siblings) as part of your household size as long as they have the same principle residence as you and promise to use their income and resources in support of the intending immigrant(s)."

Since it does says I "may" include parents who share the same principal residence as me to help me meet the income level. But because my Dad owns the house, it just seems a little strange to say he is part of MY household since really I'm part of his. Maybe I'm just over analyzing this whole thing...probably a result of months of reading and study about this whole process It starts making you go a little crazy, yah?

[Anh map 2,098]

For the purposes of the visa petition you will have zero income. (unless you secure US based income that will be continuing at the time of your wife's immigration) Regardless of dad's standing as a household member have him complete the I-864. It gives a more complete representation of his household then would an I-864A.

If mom's income is needed to meet the income requirement for his household plus the intending immigrant then mom would complete the I-864A to combine the two incomes.

You as petitioner would complete the I-864 regardless of income.

[Ryan H 3,899]

You apparently are still part of his household, since you "live" there....thus he is a household member and he needs to fill out the i-864A (i just had to figure this out myself!)

The statement "needs to fill out the I-864A" is not correct. A joint sponsor living in the same household as a primary sponsor can complete an I-864 to accompany the I-864 a primary sponsor would complete.

Edited September 7, 2011 by Ryan H

[Navyk 78]

The statement "needs to fill out the I-864A" is not correct. A joint sponsor living in the same household as a primary sponsor can complete an I-864 to accompany the I-864 a primary sponsor would complete.

Yes, I agree with Ryan.