I-864 question about income

[matt.aljubori 1]

The Petitioner has 0 income because applicant provides income.

Petitioner is also a student. When filing the I-864 we put 0, what documents should we provide with the I-864 because the income is 0??

[sparth 1]

You need a co-sponsor that meets 125% of the income guideline and the sponsor needs to fill out the i-864 also.

[pushbrk 13,238]

You need a co-sponsor that meets 125% of the income guideline and the sponsor needs to fill out the i-864 also.

Actually we don't have enough information to know the answer. If the "applicant" has an income that will continue from the same sources after immigrating to the USA, the applicant's income can be documented and used without any other forms or joint sponsor. "Co-sponsor" is not a term that applies in an immigrant spouse visa case.

Start by carefully studying both the I-864 instructions, carefully and then completely, then the form itself. If a joint sponsor is needed, so be it.

[sparth 1]

I don't think the beneficiary counts in this case. The petitioner has to provide income. Obviously they both will not have a job or proven that he or she has one upon entering the US. Their income is 0, therefor they need a sponsor. Co- or joint sponsor is a technical term. It doesn't makes sense for a co-sponsor if you add his with 0, it's still 100% sponsor income. So you would need a co-sponsor in this case, not joint since there is no joint based in his 0 income. Correct me if I'm wrong.

[pushbrk 13,238]

I don't think the beneficiary counts in this case. The petitioner has to provide income. Obviously they both will not have a job or proven that he or she has one upon entering the US. Their income is 0, therefor they need a sponsor. Co- or joint sponsor is a technical term. It doesn't makes sense for a co-sponsor if you add his with 0, it's still 100% sponsor income. So you would need a co-sponsor in this case, not joint since there is no joint based in his 0 income. Correct me if I'm wrong.

You have no idea whether the beneficiary has income that will continue from the same source after arrival. The only difference between a co-sponsor and a joint sponsor in an immigrant visa case is that joint sponsor is the one and only correct term to describe what is needed, WHEN a joint sponsor IS needed. I see NO information about the intending immigrant's future income. We only know the immigrant is currently providing all the support.

I already corrected you once. You were wrong then and are still wrong, based on the information actually available.

"Co-sponsor" is a term we use here on VJ when discussing fiance(e) visa cases. It does NOT apply to IR or CR cases in any way, and it is not an official immigration term. Even in the limited way we use it here, you've misused it. You've also made assumptions that may or may not be correct. Read and learn. You don't know on this one yet.

[sparth 1]

First of all the beneficiary income has nothing to do with this. The person who's providing income must be a us citizen and filed tax. Neither of this is met...if the beneficiary will continue working when she gets here, it has nothing to do with the I-864...either way the petitioner needs a sponsor to bring the beneficiary over. Using whatever terms you want, as long as the sponsor meets the requirement. Learn to read the case before blabbing none sense.

[KayDeeCee 4,896]

First of all the beneficiary income has nothing to do with this. The person who's providing income must be a us citizen and filed tax. Neither of this is met...if the beneficiary will continue working when she gets here, it has nothing to do with the I-864...either way the petitioner needs a sponsor to bring the beneficiary over. Using whatever terms you want, as long as the sponsor meets the requirement. Learn to read the case before blabbing none sense.

Have you ever read the I-864 instructions? Joint sponsor is the correct term and is even explained what a joint sponsor is in the I-864 instructions. It also explains about using the intending immigrant's income or assets. I think you should read through the instructions before continuing with this > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf (Hint: Page 9, #6 and #9 should help)

Edited April 15, 2014 by Jay-Kay

[pushbrk 13,238]

First of all the beneficiary income has nothing to do with this. The person who's providing income must be a us citizen and filed tax. Neither of this is met...if the beneficiary will continue working when she gets here, it has nothing to do with the I-864...either way the petitioner needs a sponsor to bring the beneficiary over. Using whatever terms you want, as long as the sponsor meets the requirement. Learn to read the case before blabbing none sense.

You're simply WRONG. Read the section of the I-864 instructions for how to use the intending immigrants income to qualify. REALLY. This ain't my first rodeo. READ THE INSTRUCTIONS.

It starts on page 8 section 4 b. then continues in later pages.

Edited April 15, 2014 by pushbrk

[KayDeeCee 4,896]

Not sure what I-864 instructions you are reading, but...

Page 8 #4 b. clearing states this >

4. What If I Cannot Meet the Income Requirements?

b. Income from the intending immigrant, if that income will continue from the same source after immigration, and if
the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her
income can be counted regardless of current residence, but it must continue from the same source after he or she
becomes a lawful permanent resident;

And Page 9 #6 states this >

6. Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the
intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he
or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are 2 requirements.

First, the income must be continuing from the same source after he or she obtains lawful permanent resident status,
and second, the intending immigrant must currently live with you in your residence. Evidence must be provided to
support both requirements.

However, an intending immigrant whose income is being used to meet the income requirement does not need to
complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a
spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse
and/or children.

[KayDeeCee 4,896]

The I-864 form and the I-864 form instructions are two different documents. I posted the link to the instructions above, but here it is again > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

No one should file any immigration form without first reading its corresponding form instructions.

Nowhere in what I posted above from the instructions does it state the intending immigrant spouse must currently be living with the sponsor. In fact, it states they can be residing anywhere. I have read it carefully. Many times actually.

[Ryan H 3,834]

~~~Closed for review.~~~

***Thread back open, several bickering posts removed along with one member's access to this thread. Administrative Action also taken.***

Edited April 15, 2014 by Ryan H

[pushbrk 13,238]

To

matt.aljubori

if you'll let us know whether the applicant, your spouse, has an income that will continue from the same source once in the USA or has significant liquid assets, we can better guide you. If they have neither, then you'll need a qualified joint sponsor. Start by reading those instructions carefully.