I-864 question

[aacaselli 0]

Hi everyone:

My wife and I are filling for an AoS in my behalf. We got married 7 years ago, and always lived in Argentina. We came 4 times to the States in all these years (I have a 10-year tourist visa), and stayed 3 months each visit.

Every time we visited, my wife has worked as a freelancer (she's an American Sign Language interpreter and works for a couple of local agencies) but the amount of her earnings were under the required amount by the IRS to file taxes. This year we came to the Stated and found out that we needed to stay to help out her family. So now we are applying for my AoS.

Considering the money she made these last four months (since we came this time) we are, proportionally, over the 125% of the Federal Poverty Guidelines.

The question(s) is/are: Since we haven't been in the Stated the entirety of the last 3 years, but taking into consideration that CURRENTLY she's able to "support" me, should we fill out one I-864 (on her name)?, or should we get a joint sponsor and fill out an extra one? (In this case, is it really NEEDED or hers would be sufficient?)

Thanks in advance for your help.

[KayDeeCee 4,892]

The problem with her working freelance is that it is difficult to prove current income when self-employed. They tend to use line 22, Total Income, from your most recent 1040 to determine if your income meets the requirement. Since her last 3 years of taxes have fallen below the requirement, I would suggest you get a joint sponsor, even though she is on track now and currently earning enough annually. That would be your safe bet.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[aacaselli 0]

The problem with her working freelance is that it is difficult to prove current income when self-employed. They tend to use line 22, Total Income, from your most recent 1040 to determine if your income meets the requirement. Since her last 3 years of taxes have fallen below the requirement, I would suggest you get a joint sponsor, even though she is on track now and currently earning enough annually. That would be your safe bet.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

Even with a letter from the two agencies she works freelance with, stating that they have been providing regular work while we visited in the past and they intend to provide with work in the present (for instance: one of the agencies she works with, provided her with a steady schedule for this school year with Deaf students that will go regularly up to next summer)?

Is it a chance that they would approve it just with her I-864?

[David & Diana R 1,005]

Hi everyone:

My wife and I are filling for an AoS in my behalf. We got married 7 years ago, and always lived in Argentina. We came 4 times to the States in all these years (I have a 10-year tourist visa), and stayed 3 months each visit.

Every time we visited, my wife has worked as a freelancer (she's an American Sign Language interpreter and works for a couple of local agencies) but the amount of her earnings were under the required amount by the IRS to file taxes. This year we came to the Stated and found out that we needed to stay to help out her family. So now we are applying for my AoS.

Considering the money she made these last four months (since we came this time) we are, proportionally, over the 125% of the Federal Poverty Guidelines.

The question(s) is/are: Since we haven't been in the Stated the entirety of the last 3 years, but taking into consideration that CURRENTLY she's able to "support" me, should we fill out one I-864 (on her name)?, or should we get a joint sponsor and fill out an extra one? (In this case, is it really NEEDED or hers would be sufficient?)

Thanks in advance for your help.

IMHO. JOINT SPONSOR that will provide at least three years of filed tax returns.

Aloha Ke Akua

[aacaselli 0]

Thanks for the replies

[KayDeeCee 4,892]

Even with a letter from the two agencies she works freelance with, stating that they have been providing regular work while we visited in the past and they intend to provide with work in the present (for instance: one of the agencies she works with, provided her with a steady schedule for this school year with Deaf students that will go regularly up to next summer)?

Is it a chance that they would approve it just with her I-864?

She can always try to provide as much evidence of her current income as she can and see what happens. They would not outright deny you if they won't accept her financials. They would send you an RFE and ask for her to show more income, assets or provide a joint sponsor. You could always wait to see if you will need the joint sponsor and have all their documents ready to go in case the RFE comes. That way you don't lose too much time.

[aacaselli 0]

She can always try to provide as much evidence of her current income as she can and see what happens. They would not outright deny you if they won't accept her financials. They would send you an RFE and ask for her to show more income, assets or provide a joint sponsor. You could always wait to see if you will need the joint sponsor and have all their documents ready to go in case the RFE comes. That way you don't lose too much time.

That's exactly what we were thinking, we don't want to bother family and friends unless it's absolutely needed. We know we can count on them but we don't want to impose.

All the rest of the package we have pretty much cover and right now the only concern is this one. One or two affidavits of support... that is the question :-)

Edited September 24, 2013 by aacaselli