Almost done, but please help us through 1-864?

[Prase 1]

Just want to say thanks to everyone for being so generous with their experience and information. I've been lurking here for almost two years and we're *finally* about to file the I-130/I-485 monster.

The I-864 should be the last hurdle. (Assuming the civil surgeon finished our paperwork today, which I guess is a dangerous assumption!)

Anyway, my husband entered the country in 2008 on a P-1 Visa. We married in 2011 and filed a joint tax return for last year. He makes substantially more than I do and we have been living together for three years. We are both self-employed/independent contractors. My (still married) parents are more than willing to be co-sponsors and have traditional jobs and adequate income.

I was under the impression that since my husband has been working legally for six months of marriage, his income counts in my sponsorship...

?) Should there be THREE I-864's completed? One for myself and one for each of my parents? Since they share a household, would it be better if only one parent co-sponsored?

?) Do my parents need to provide pay stubs or are tax returns sufficient?

?) Since my husband has been legally living and working in the U.S., should we provide his tax returns for the last four years?

Anyway, thanks in advance! We're trying to make the last push of collating and completing tonight!

-prase

[Harpa Timsah 13,258]

1. Your husband can include his income if it was legal and will continue from the same source after he gets his GC. But, if you both still do not qualify as sponsors that way, there is no need to add him? You guys combined don't make $19000 a year?

2. If you need parents as co-sponsors, you would file I-864, one parent would file I-864, and the other parent would file I-864 as household member of the other parent.

3. Any sponsor needs to include proof of current income. The instructions say it is optional, but the reminder page at uscis.gov says you need it. If your parents have worked at their jobs for any years, you might get by without it, but people get RFEs for this often.

4. Only if you want to use his income to qualify as sponsor without your parents.

[KayDeeCee 4,892]

Just want to say thanks to everyone for being so generous with their experience and information. I've been lurking here for almost two years and we're *finally* about to file the I-130/I-485 monster.

The I-864 should be the last hurdle. (Assuming the civil surgeon finished our paperwork today, which I guess is a dangerous assumption!)

Anyway, my husband entered the country in 2008 on a P-1 Visa. We married in 2011 and filed a joint tax return for last year. He makes substantially more than I do and we have been living together for three years. We are both self-employed/independent contractors. My (still married) parents are more than willing to be co-sponsors and have traditional jobs and adequate income.

I was under the impression that since my husband has been working legally for six months of marriage, his income counts in my sponsorship...

?) Should there be THREE I-864's completed? One for myself and one for each of my parents? Since they share a household, would it be better if only one parent co-sponsored?

?) Do my parents need to provide pay stubs or are tax returns sufficient?

?) Since my husband has been legally living and working in the U.S., should we provide his tax returns for the last four years?

Anyway, thanks in advance! We're trying to make the last push of collating and completing tonight!

-prase

If your husband's income is from legally working in the US that will continue, then use it. You can use the intending immigrant's (your spouse's) income along with your own. Your incomes will be combined on your I-864 and if your household is only for 2 people, then you only need the combined income to be $18,912. Since you are both self-employed, you need to use what is stated as your total income on line 22 of your 1040 from 2011. If your combined income from that line is greater than $18,912(if your household size is indeed just the 2 of you), then you do not need a co-sponsor.

If your parents will co-sponsor, one of them fills out their own separate I-864. If they meet the 125% requirement for their own household size + your husband all on their own individual income, then that is all you need. If they need the other parent's income to qualify, then the other parent fills out an I-864A and combines their income together on the first parent's I-864.

Since you and your husband are self-employed, you 2 need to provide your joint tax transcript from 2011 plus all the 1099s you each received. For each parent that fills out a form, they need to provide a letter from employer, a few months worth of their most recent pay stubs, their 2011 joint tax transcript, plus copies of their W-2s to show their individual income and proof of being a USC or LPR.

[Prase 1]

Thank you both -- you guys are quick. And I hope you stay up late!

Our combined income is above $19,000. My husband filing singly has consistently made more than that, but I have not. He entered the U.S. as a professional athlete, though, and I was concerned that the unreliable nature of that work could raise red flags.

I guess I'm torn between two (probably irrational) lines of thought: 1. That having multiple willing sponsors and plenty of visible means of support would make the petition go more smoothly, or 2. More paperwork is just going to slow down the process?

Other than that, I'm still optimistic we'll be able to mail everything tomorrow. The I-693 seems to be taking an excruciatingly long time and I really can't understand why the folks over at DHS want SO MANY passport-type photos of my little alien relative!

Thanks again. This whole process is so intimidating and a bit overwhelming. Reading through here makes it seem a little more do-able.

[KayDeeCee 4,892]

Thank you both -- you guys are quick. And I hope you stay up late!

Our combined income is above $19,000. My husband filing singly has consistently made more than that, but I have not. He entered the U.S. as a professional athlete, though, and I was concerned that the unreliable nature of that work could raise red flags.

I guess I'm torn between two (probably irrational) lines of thought: 1. That having multiple willing sponsors and plenty of visible means of support would make the petition go more smoothly, or 2. More paperwork is just going to slow down the process?

Other than that, I'm still optimistic we'll be able to mail everything tomorrow. The I-693 seems to be taking an excruciatingly long time and I really can't understand why the folks over at DHS want SO MANY passport-type photos of my little alien relative!

Thanks again. This whole process is so intimidating and a bit overwhelming. Reading through here makes it seem a little more do-able.

If you have plenty of income between the two of you, then a co-sponsor is simply not needed. If you want to go ahead and have one of your parents fill out an I-864 too and gather all the documents to go with it, then you can, if they are willing. Just make sure they understand what they are signing if they do.

[Penguin_ie 5,986]

**** Moving from AOS from Family visa to AOS from Work, Student, Tourist etc visa forum *****

[jdh 103]

If you make over the line you don't need to send extra paperwork. Make their job easy. Keep it simple.

If you are really worried, have a joint sponsor form filled out and ready to send if they request it. It is very unlikely that they will. It isn't the job of the pencil pushers in Chicago to quibble about the type of job. They look at the numbers - if they are sufficient, you are set.

Good luck.

[Nikkiss08 1]

Our combined income is above $19,000. My husband filing singly has consistently made more than that, but I have not. He entered the U.S. as a professional athlete, though, and I was concerned that the unreliable nature of that work could raise red flags.

My husband is also on a P-1. We did not use his income because while he'll likely play again next season his P-1 expires in July; therefore, losing his ability to work.

I'm not sure which sport your husband plays, and whether he is on a multi-year contract, but in my experience with my husband, his P-1's expire at the end of the season and he gets a new one before the next season starts.

Good luck!

[grrrrreat 109]

My husband is also on a P-1. We did not use his income because while he'll likely play again next season his P-1 expires in July; therefore, losing his ability to work.

I'm not sure which sport your husband plays, and whether he is on a multi-year contract, but in my experience with my husband, his P-1's expire at the end of the season and he gets a new one before the next season starts.

Good luck!

The only requirement to include the intending immigrant's income (if they are your spouse) is that the income continue from the same source after they become an LPR. The fact that the P-1 needs to be renewed at the end of a season shouldn't matter if the athlete has signed a contract to keep playing and earning from the same organization. Did you receive any contrary information?

To the OP, I would say if her husband's income will be continuing from the same organization after he becomes an LPR, then they don't need a co-sponsor. They only need to file one I-864 showing their added income and provide their jointly filed tax transcripts. (Intending immigrants do not need to sign form I-864A unless the intending immigrant is bringing spouses or children with them.)