I-864 EMPLOYMENT QUESTION

[SANO 0]

I have a question that hopefully someone can answer. I need to file an I864 package for a CR-1. The problem is that I have worked seasonally since 05, make well above the 125% level, but am currently on layoff (unemployed) until May. I can get a letter from my employer describing my employment situation and stating that I am in good standing (and will return to work). Does this count? If not, can I use assets, or do I need a sponsor? Any input would be appreciated. Thanks.

[Penguin_ie 6,005]

It won't count because you are not employed at the time of signing the form, nor at the time of interview.

You can definitely use assets- you will need a minimum of three times as much as the 125% poverty level for your household, though if using only assets it is better to be comfortably over.

[pushbrk 14,250]

I have a question that hopefully someone can answer. I need to file an I864 package for a CR-1. The problem is that I have worked seasonally since 05, make well above the 125% level, but am currently on layoff (unemployed) until May. I can get a letter from my employer describing my employment situation and stating that I am in good standing (and will return to work). Does this count? If not, can I use assets, or do I need a sponsor? Any input would be appreciated. Thanks.

You CAN use assets. A Consular Officer is trained to look at the totality of circumstances and make a judgment call on the public charge issue. If you can document that your work for the past 7 years has been seasonal in the same occupation, and that during that season, you have consistently earned enough to qualify, AND are expected back to work in the late Spring with a similar income, you may will be considered qualified. It will depend on how convincing your evidence is. Some significant documented liquid assets will help your case too.

Your situation is not unlike say a Union construction worker who works for multiple employers over a year's time. That they may need to provide an I-864 during the winter when there's typically no work, is no reason to disqualify them from sponsoring a family member to immigrate.

[SANO 0]

Thank you both for your thoughts. Pushbrk,in your opinion, would this mean that I can include my prior earned income for the year in question 23 on the i864 "my current individual annual income is...", or is this still $0? I have read elsewhere that question 23 should be based on the sponsor's "reasonably expected household income" for the year in which the affidavit is filed.

[pushbrk 14,250]

Thank you both for your thoughts. Pushbrk,in your opinion, would this mean that I can include my prior earned income for the year in question 23 on the i864 "my current individual annual income is...", or is this still $0? I have read elsewhere that question 23 should be based on the sponsor's "reasonably expected household income" for the year in which the affidavit is filed.

Current income is the reasonably expected income for the 12 months following the submission of the affidavit. Don't know what you read but it is wrong. That would be a description of "current year" income but there is no "current year" income question on the affidavit.

[SANO 0]

That sounds reasonable. Reading from different sources around the internet (some reliable, some not) there seems to be a general uncertainty about what this question actually means. Thanks again for taking the time to provide a thoughtful response.

[pushbrk 14,250]

That sounds reasonable. Reading from different sources around the internet (some reliable, some not) there seems to be a general uncertainty about what this question actually means. Thanks again for taking the time to provide a thoughtful response.

No uncertainty about it for me. Take it to the bank.