Using assets, no income in Mexico

[tortuguita 1]

Hi-

I'm new to the forum, and hope that maybe someone here can clarify some things for me. I am the US Citizen (husband Mexican National). We are both living in Mexico. I have enough money in my bank accounts (US and Mexican) to cover the 125% poverty guideline, BUT, have not been working while in Mexico, so did not file a tax return as obviously, there is 0 income. When we get to the US, my husband and I both plan to be working, but, in the meantime I show 0 income as far as the uscis is concerned.

Will we need to have a joint sponsor for our application? Would it help if I were to show prospective job offers for our return to US?

Thanks for any help.

[Penguin_ie 5,986]

You are aware that when using assets, you need x3 the 125% poverty limit? So about $60'000 if it's just you and your husband, no kids. If you are comfortably over that, then no worries- you just write a short letter explaining that you did not file taxes with the IRS as you were unemployed, and thus were not required to do so. No co-sponsor needed.

Job offers do not count. If you want to go that way, you'd need to move to the USA after filing the I-130 with the US embassy, and start work. By the time your husband has his interview, you will have a few pay stubs to show your new income.

[prgoddess 0]

Or you can get a joint sponsor and then there is absolutely no problems....even if you don't have the 3Xs the poverty guidelines..

[tortuguita 1]

Oops, well I'm aware now! My assets are not likely to achieve 3x poverty level. Do I need a full on joint sponsor or just have my mom fill out the I-864A contract.

If my mother were to be a joint sponsor, would she simply need to fill out the I864 form or does she need to fill out an I-130 with all the additional paperwork as well? I looked in all the instruction paperwork but didn't see anything or may have missed it.

thanks, I am so grateful for your help.

[prgoddess 0]

I had my dad do a complete I-864 instead of the I-864a just to be safe. All your mom needs to do is fill out the form and submit her tax information. Then your husband will take that I-864 as well as the one from you to the interview. I had my dad get a letter from his job as well, but they didn't even keep it at the interview. We just got approved today!!!

Edited May 10, 2012 by prgoddess

[tortuguita 1]

Congratulations! I'm super happy for you. And, thank you for guiding me along.

My poor brains stewed over this all night. Excuse my repetetivenss... so if I understand correctly, my having 20K in my checking account will not cover the poverty guideline because it is considered an asset and not income. That given, I would actually need 60K in order to meet the assets guideline. (3x the poverty guideline)

Can someone tell me how it's possible to have ongoing US income when I live in Mexico? In that case it would seem that unless you have a large pot of money, everyone doing a DCF needs a joint sponsor of some sort. Can't be in two places at the same time.

So, either I go back to USA and get job there, etc. etc. to meet guidelines or I need to have an I864 or I864A joint sponsor. I'm not sure why there is a differentiation as both forms seem to do the same thing? I must be wrong about that because their wouldn't be two different forms otherwise.

And if I understand correctly then... if I use one of my parents (say, my mother) as a joint sponsor they only need to fill out the I864 with tax return (no I130). And that, given that my parents file jointly, my father then needs to fill out the I864A. We then would have to meet the poverty guideline for four (4) individuals (mom, dad, jose and I), whatever that is. I'm not sure without looking it up right now.

So has dawn broken over Marblehead or am I still lost on this? Going to go make breakfast and give my worry cells a break :bonk:

[KayDeeCee 4,892]

Congratulations! I'm super happy for you. And, thank you for guiding me along.

My poor brains stewed over this all night. Excuse my repetetivenss... so if I understand correctly, my having 20K in my checking account will not cover the poverty guideline because it is considered an asset and not income. That given, I would actually need 60K in order to meet the assets guideline. (3x the poverty guideline)

Can someone tell me how it's possible to have ongoing US income when I live in Mexico? In that case it would seem that unless you have a large pot of money, everyone doing a DCF needs a joint sponsor of some sort. Can't be in two places at the same time.

So, either I go back to USA and get job there, etc. etc. to meet guidelines or I need to have an I864 or I864A joint sponsor. I'm not sure why there is a differentiation as both forms seem to do the same thing? I must be wrong about that because their wouldn't be two different forms otherwise.

And if I understand correctly then... if I use one of my parents (say, my mother) as a joint sponsor they only need to fill out the I864 with tax return (no I130). And that, given that my parents file jointly, my father then needs to fill out the I864A. We then would have to meet the poverty guideline for four (4) individuals (mom, dad, jose and I), whatever that is. I'm not sure without looking it up right now.

So has dawn broken over Marblehead or am I still lost on this? Going to go make breakfast and give my worry cells a break

There is a difference between the I-864 and I-864A. The I-864A is only used for a relative household member to combine their income with the sponsor that is filling out an I-864 to reach the 125% level. You must be a spouse, parent, adult child or sibling that resides with the sponsor in order to fill out an I-864A. It could help you better understand if you read through the instructions for the I-864 and the I-864A.

I do not think you live with your parents, so you would fill out your I-864 and one of your parents would fill out their own I-864. If one parent makes enough on their own for their household size plus your husband (you are not counted in the household size unless your patents claim you as a dependent on their taxes), then the other parent would not need to fill out an I-864A, even if they file taxes jointly. Their own individual incomes can be found on each of their W-2s, and their current individual income proof comes from a letter from employer and recent pay stubs. If your parents need to combine their incomes to qualify for their household size, then yes, one fills out an I-864 and the other fills out the I-864A.

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

[tortuguita 1]

Thank you for the information. Sorry, I didn't clarify well enough in my previous post, my fault. I did read both instruction forms for the I846 and I846A but will surely read them again.

My parents are retired, and although I do not live with them presently as I am living in Mexico, my husband and I will be living there upon our arrival to the US and that will be our address for purpose of domicile. I did live with them for a time prior to moving to Mexico and my bank account, driver's license, etc remain at my parents' address.

That being said, I guess my confusion surrounds the fact that we will initially be living with my parents when we arrive in the US and so there would be four of us in the household at that time. Given that, I assume we would need to use the poverty guideline for a household of four, and I wasn't sure if my mother would be better served to fill out the I846A or I846.

[KayDeeCee 4,892]

Thank you for the information. Sorry, I didn't clarify well enough in my previous post, my fault. I did read both instruction forms for the I846 and I846A but will surely read them again.

My parents are retired, and although I do not live with them presently as I am living in Mexico, my husband and I will be living there upon our arrival to the US and that will be our address for purpose of domicile. I did live with them for a time prior to moving to Mexico and my bank account, driver's license, etc remain at my parents' address.

That being said, I guess my confusion surrounds the fact that we will initially be living with my parents when we arrive in the US and so there would be four of us in the household at that time. Given that, I assume we would need to use the poverty guideline for a household of four, and I wasn't sure if my mother would be better served to fill out the I846A or I846.

Household size is not based on where you live. From the I-864 instructions: "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 you are not listed as a dependent on your parents taxes, then you are not their dependent and not counted in their household size.

Your mother filling out the I-864A would be if you presently resided together, and her income would be combing with yours on your I-864. You do not have an income for her to combine with, and you do not currently live with her. She lives with her husband, so she could fill out an I-864 and her husband fill out an I-864A and have their incomes combined in order to joint sponsor your husband that way. If you are not on their taxes, you are not included in their household count, only your husband. So, if your mother on her own earns enough for a household of 3, herself, her husband, and your husband, then no need for your father to fill out the I-864A. If she does not earn enough on her own, THEN your father can fill out an I-864A and combine his income with hers to meet the 125% mark. You personally would fill out your own separate I-864, and your household size would be you and your husband = 2.

[tortuguita 1]

Holy cow I think I've got it. Thank you so much for your patience. I even read the darned things again, but it just wasn't clicking. I'd better not try to get a job as a tax attorney!!