Confused I-864

[joe12 1]

Hello VJers,

Its been along ride but finally i am adjusting my status from F1 starting February 2013 based on an approved i-130. My prority date is current February 2013.

My wife is a permanent resident and a full time student who works as a student office assistant but she is not working now. I am currently on OPT which started as an intern in August 2012 and finally as a full time employee in November 2012.I work legally and make $25000 a year. My OPT expires August 2013. Since she is the sponsor

1)On line 23 which say current individual income does she put zero.

2)On line 24(b) can i use my current annual income and include pay stubs, job letter,copy of OPT card

3)For the most recent tax year do we submit 2011 tax return or we have to wait and file 2012 tax return.

4)Do we use information on the 2011 tax return to fill out the I864 because my wife worked during 2011 although not enough or use current information which is she is not working and i earn $25000.

[joe12 1]

You cannot petition yourself. Your wife needs to file for tax return for the recent last year. And if she cannot meet the 125% of the poverty line, she needs to find a co-sponsor. Check the link http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b70f8875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190aRCRD

The intending immigrants income can be used if the immigrant makes the income legally and the income will continue from the same source.. Read line 24(b) and the instructions.