I-864 by a sponser who is under poverty guidelines

[msonvj 0]

Hello all,

Applied I-140 & I-485 in the year 2004 under EB3 category via Employer, got I-140 approved in the year 2005, I-485 pending since then.

Started working on EAD from 2010.

Got married to US Citizen in 2009, will be completing 3yrs by the end of 2012.

Last month my USC wife filed I-130 and I-485, she is a part time worker and her income is well below the poverty guidelines.

I am full time working who is well above the poverty guidelines.

Few days back she received an RFE to submit I-864 (Affidavit of support).

My questions is: How do we go about filing this required I-864 form?

[Xanax 349]

Sounds like you will need a co-sponsor. Your wife will fill one out and so will your co-sponsor.

[Harpa Timsah 13,258]

Your wife is the primary sponsor no matter what. You can either get a co-sponsor who would qualify on their own for their household size + you, OR you can add your income to your wife's I-864, if your work is legal and if it will continue from the same source after your GC is approved.

[msonvj 0]

Thanks you Xanax and Harpa Timsah for your responses.

Harpa Timsah,

1. If we can find a co-sponsor but he doesn't live with us but can prove the support, is it true that the co-sponsor has to live with us?

2. Your second option looks promising as I can prove that I have enough income but the question is my offer letter doesn't has anything written that the job will be upto certain years, what I mean is how would I prove that my income will continue to come from the same source?

Really appreciate your help.

[Xanax 349]

Co-sponsor does not have to live with you.

[milimelo 4,224]

Moving to AOS from student, tourist, work visa as OP came in on EB3 visa.

[Harpa Timsah 13,258]

Regarding your second question, I think a letter of employment is what they are looking for - the sense that it could be a long term job and won't stop when you get your GC (which might be the case for some OPT workers etc).

[msonvj 0]

Thanks Harpa Timsah for your inputs, I can produce the employment letter for sure. With that I had another question to you -

Do I have to fill up a separate I-864 or I-864A? Or can I add my income in I-864 filled by my wife?

Really appreciate your help.

[Harpa Timsah 13,258]

If you are going this route, you add your income to your wife's I-864 (you can do this because you are the spouse of the USC and the only immigrant, correct?). The details are listed in the instructions.

[msonvj 0]

Thanks again Harpa, that's really a great info. Yes 99% will go this route, I will come back here and update the thread so everybody can know how things went with my case, thanks again for your help