Just Lost my Job. Effect on I-864?

[DandT14 272]

Partial calculation is possible ?

for ex: in 1 year:

15K on regular job in first 8 months + 7K on unemployment in last 4 months = $22K annually

Can we calculate like this way?

I don't know a lot about the I-864. But if I'm asked what my current income is, I take my current rate of pay and multiply by either 52 weeks, 12 months, or 2080 hours (full time employment hours).

For unemployment, I believe they pay bi-weekly? In which case I would take the total unemployment check and multiply by 26. That would be current annual income on unemployment.

I don't know for sure that's what you are supposed to do, but that seems logical to me.

[Dave&Judy 3]

I don't know a lot about the I-864. But if I'm asked what my current income is, I take my current rate of pay and multiply by either 52 weeks, 12 months, or 2080 hours (full time employment hours).

For unemployment, I believe they pay bi-weekly? In which case I would take the total unemployment check and multiply by 26. That would be current annual income on unemployment.

I don't know for sure that's what you are supposed to do, but that seems logical to me.

Was curious about if income on unemployment can be used to show one's annual income?(that you clarified already):

Am i correct in understanding...

for ex:

so, income on unemployment for 6 months + your salary for 6 months = Annual income you can report to them?

[DandT14 272]

Was curious about if income on unemployment can be used to show one's annual income?(that you clarified already):

Am i correct in understanding...

for ex:

so, income on unemployment for 6 months + your salary for 6 months = Annual income you can report to them?

I believe so, but I'm not positive. You can use disability, SSI, etc, so I don't see why you couldn't use unemployment.

[Dave&Judy 3]

I believe so, but I'm not positive. You can use disability, SSI, etc, so I don't see why you couldn't use unemployment.

that makes perfect sense !!

Anybody out there who used unemployment as their annual income in this AOS process?

Please share.

[Rebecca Jo 1,962]

I believe so, but I'm not positive. You can use disability, SSI, etc, so I don't see why you couldn't use unemployment.

This isn't quite right.

SSI can never be used as a source of income for the I864. SSI (Supplemental Security Income) is a means tested benefit paid by the SS Administration to people who are "poor". These people are subject to an annual asset and income review to determine if they still qualify.

I think you are confused by the fact that SSDI (Social Security Disability Insurance) CAN be counted as income. SSDI is paid to people who are disabled and is not means tested by other income.

[Rebecca Jo 1,962]

that makes perfect sense !!

Anybody out there who used unemployment as their annual income in this AOS process?

Please share.

You can use it as annual income, but if it's the only source of income at the time of adjudication, it probably won't fly.

There's anecdotal evidence aplenty at both the consulate stage and the adjustment stage that unemployment income counted during the qualifying year, in and of itself, won't void the affidavit. But those persons are either now in gainful employment or have other assets to compensate for the eventual loss of the unemployment income.

Yes, the I864 is supposed to be a picture of earning on the day it is submitted and yes the AO can accept that affidavit if they choose. It's more likely though that there WILL be a question on interview day as to whether the affidavit has materially changed since it was filed. If the answer is yes to a negative income flow, the AO has the right to ask for another sponsor to step forward.

*edited for typo*

Edited September 16, 2012 by Rebecca Jo

[DandT14 272]

This isn't quite right.

SSI can never be used as a source of income for the I864. SSI (Supplemental Security Income) is a means tested benefit paid by the SS Administration to people who are "poor". These people are subject to an annual asset and income review to determine if they still qualify.

I think you are confused by the fact that SSDI (Social Security Disability Insurance) CAN be counted as income. SSDI is paid to people who are disabled and is not means tested by other income.

I was actually thinking of straight social security, but forgot the correct abbreviation for it. I thought I had seen people say before that their cosponsors received social security.

[Newbie608 103]

Update

I went to my interview and got approve. The IO did ask hubby about his job and we told him he lost his job after we we submitted the package. It wasn't a problem at all.

Goodluck to everyone in the same situation. I think they are most concerned about the most recent tax return. If you meet the income requirement on that then you're good to go.

FYI, I didn't send in tax return for 3 yrs, just the most recent..

[Rebecca Jo 1,962]

Update

I went to my interview and got approve. The IO did ask hubby about his job and we told him he lost his job after we we submitted the package. It wasn't a problem at all.

Goodluck to everyone in the same situation. I think they are most concerned about the most recent tax return. If you meet the income requirement on that then you're good to go.

FYI, I didn't send in tax return for 3 yrs, just the most recent..

Most excellent!

Thanks for the post letting us know what happened!

PS - The most recent tax return is all one ever needs for the I864 if the adjustment is family based. UNLESS the sponsor is self employed.

Edited September 22, 2012 by Rebecca Jo

[Rebecca Jo 1,962]

My husband lost his job about 2 weeks after I sent in my packet. I didn't get any RFE. I got my EAD yesterday and my interview is in less than a month. My husband has been getting umemployment and I think USCIS would know that when doing background check. He is currently looking for jobs and we don't have a co sponsor for the interview. Who knows, they might not even ask about it. Fingers crossed:). I wouldn't worry too much about it though. Just wait and see what happens

Goodluck

I noticed this earlier post of yours and want to comment on your assumption that USCIS is going to "know" about your husband's unemployment from a "background check".

Any background checks performed on the spouse of an intending immigrant aren't going to uncover employment status. Only criminal background and child support issues are looked at. I'm glad your case got approved, but believe me no one investigated your husband's employment status prior to your interview.

[Newbie608 103]

I noticed this earlier post of yours and want to comment on your assumption that USCIS is going to "know" about your husband's unemployment from a "background check".

Any background checks performed on the spouse of an intending immigrant aren't going to uncover employment status. Only criminal background and child support issues are looked at. I'm glad your case got approved, but believe me no one investigated your husband's employment status prior to your interview.

Yeah. I realized that at the interview because the IO had no idea he lost his job. I was thinking since he claimed unemployment they would know? When my husband lost his job, he was looking into applying for foodstamps and on the application form it says that "all applicants status is verified by USCIS" so he ended up not applying.

So yeah I assumed because of the unemployment claim. Thanks for clearing that up for me..

[GreenTrain 1]

Most excellent!

Thanks for the post letting us know what happened!

PS - The most recent tax return is all one ever needs for the I864 if the adjustment is family based. UNLESS the sponsor is self employed.

What if income shown in recent tax return doesn't qualify to sponsor but income in the current year qualifies?

Which one will be considered?

[Rebecca Jo 1,962]

What if income shown in recent tax return doesn't qualify to sponsor but income in the current year qualifies?

Which one will be considered?

Which one what? Which tax return?

If you don't have a tax return that proves the threshold, they can't make you "come up" with one.........

They will use income you can prove by other means, such as recent pay stubs.

[GreenTrain 1]

Which one what? Which tax return?

If you don't have a tax return that proves the threshold, they can't make you "come up" with one.........

They will use income you can prove by other means, such as recent pay stubs.

I was asking which will get priority:

income by 2011 tax returns or by latest pay stubs?

As you said, i think they'll go by recent pay stubs...

[Rebecca Jo 1,962]

I was asking which will get priority:

income by 2011 tax returns or by latest pay stubs?

As you said, i think they'll go by recent pay stubs...

They will, as long as the evidence is strong