i-864 recent income change

[bestest 1]

My wife is currently in the process of filing for AOS for me. I had a question about the i-864.

She had income for the last few years, however that didn't come close to covering the necessary %125.

She was in college. In 2013 she got a slow job. Also she gets a monthly check from her father. Between that and her assets she makes a few thousand dollars above the necessary amount.

She is planning on sending: a tax return form from last year, a letter from employer (also stating they plan on her job to pick up as the job is client based and everyone starts off slow and builds up their clientele),pay stubs for the last few months. A letter from her father stating he had been and will continue sending. We give the checks straight to our landlord so we will include a letter from them confirming that they have been receiving monthly checks for said amounts. we will also include printouts of bank account information showing the assets.

I understand that since we don't have any previous tax returns to back up her current earnings that the proofs we have may be viewed as shaky. My question is 1.how shaky are they? are we most likely going to be RFE'd? 2.In the event that we do get RFE'd could we use a co-sponsor than? We do have someone that would be willing to co-sponsor. However, unless we absolutely have to, we would prefer not to use them. if anyone can share similar scenarios they experienced that would also be appreciated.

Thanks!

Edited August 26, 2013 by bestest

[KayDeeCee 4,892]

I am not sure they will accept her father giving her money each month to pay for her rent as income. You should probably go ahead and get a joint sponsor. If you decide not to at first anyway, then yes, you would be sent an RFE and could then use a joint sponsor. Also, be sure she sends a statement as to why she was not legally required to file taxes for any of the last 3 years she did not.

[bestest 1]

 

I am not sure they will accept her father giving her money each month to pay for her rent as income. You should probably go ahead and get a joint sponsor. If you decide not to at first anyway, then yes, you would be sent an RFE and could then use a joint sponsor. Also, be sure she sends a statement as to why she was not legally required to file taxes for any of the last 3 years she did not.

 

She did file taxes. But like I said it was for an amount far under the required.

Really? money sent monthly from parents wouldn't be accepted?? could someone support this?

If so, I clearly need a joint sponsor.

[Umka36 781]

   

She did file taxes. But like I said it was for an amount far under the required.

Really? money sent monthly from parents wouldn't be accepted?? could someone support this?

If so, I clearly need a joint sponsor.

The money from her parents is not income. You have to look at it objectively, unless her parents are order by the court to pay her monthly rent; they can always change their mind even if you think they won't. The letter is also not legally binding like a court ordered child support. If it was that easy everyone would just ask a friend/family member to write a letter instead of getting a joint sponsor.

Edited August 26, 2013 by Umka36

[bestest 1]

The money from her parents is not income. You have to look at it objectively, unless her parents are order by the court to pay her monthly rent; they can always change their mind even if you think they won't. The letter is also not legally binding like a court ordered child support. If it was that easy everyone would just ask a friend/family member to write a letter instead of getting a joint sponsor.

Thanks for your reply Umka. However, I disagree.

Of course they can legally change their mind any time, I understand that. However, so can any employer, so there is no difference there.

And everyone can't just do it because their friend/family is not sending them monthly checks of a set amount.

I understand that parental support is a different category than income. But, it seems to make sense that it should be counted. I was wondering if anyone had experience in this or knows definite things about this.

[Umka36 781]

Ultimately you and your wife will do what you want, but the funds they receive from her parents are not income, supplemental income, or assets per the I-864. In order for the relative's income to count, they would have to be part of her household.

When someone loses their job, they get/find a joint sponsor. Most people also qualify for unemployment benefit when they lose their job. It's not the same thing, and her rent money does not fall in the realm of child support payment, SS, VA disability, pension, annuity, and etc.

Couldn't her parents be a joint sponsor, since they already give her rent money? Why make it more complicated than it is?

[Harpa Timsah 13,258]

Get a co-sponsor. Monthly gifts from parents isn't "income."

[bestest 1]

 

Get a co-sponsor. Monthly gifts from parents isn't "income."

 

Thanks!!!

I appreciate the help. It looks like that is what I'll do.