How do I complete I-864 while unemployed/receiving no current income?

[fam10man 0]

Hi all, here my question,
I'm a US citizen and started the process for adjustment of status / green card application for my wife (I130 I485. I864 I765 I693). We have been married for getting close to 2 years. I was employed until September last year with verifiable salary and 3 year of tax returns. My latest tax return for 2013 shows sufficient income. Company went through downsizing and I was laid off. I received unemployment benefits from October through March of 2014. After end of unemployment benefits, I started a freelancing business which is not generating income yet. I also have assets in checking/saving account, and real estate. Should I check of the unemployed box on I864 form and list assets that in excess of 3X federal poverty line or should I check the self-employed box list assets that in excess of 3X federal poverty line? So in essence what is looked more favorably by USCIS being unemployed with financial assets or being self-employed with no current income with financial assets? One more consideration, unfortunately we can't find a joint sponsor. Any advise would be greatly appreciated

[KayDeeCee 4,892]

If you currently self-employed, then check that. List assets that are at least the bare minimum of 3 times the income requirement. The more assets you have to show, the better.

What visa is she adjusting from?

Edited April 22, 2014 by Jay-Kay

[fam10man 0]

If you currently self-employed, then check that. List assets that are at least the bare minimum of 3 times the income requirement. The more assets you have to show, the better.

What visa is she adjusting from?

She is adjusting from tourist visa, we got married and she overstayed it

[KayDeeCee 4,892]

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

[aussie_jason 195]

Keep in mind the assets need to be net and formally appraised (except for cash savings) so if you plan on using real estate be sure to get a formal appraisal of your home's market value and document what equity you have with it.

[fam10man 0]

I was wondering is someone there had completed and was succesful with I864 based solely on assets such as savings, apraised real estate etc?

[jdh 103]

Are your assets verifiable and above the appropriate limits?

Telling the truth is always the best option. You are not unemployed if you are self-employed. You may have a tough time, honestly speaking. Prepare yourself and keep working on getting sponsors.

[mike281 1]

I was wondering is someone there had completed and was succesful with I864 based solely on assets such as savings, apraised real estate etc?

I went through a similar process as you. She came in on a tourist visa, then we got married. We filed AOS documents a few days before her tourist visa expired.

She had no job here and I had quit work (voluntarily so no unemployment insurance income even) to go back to school. I had prior years tax returns to show but they showed a low income since I was working abroad and qualified for the foreign income exclusion and I didnt make much over the ~90k limit for the exclusion.

I did my affidavit of support based on a monthly statement (not certified or notarized or anything) form an investment account that was mostly in securities with maybe 10-15k in cash, and the value of my house supported by a mortgage statement and a 2 year old appraisal. Although the investment account alone would have satisfied the asset requirement. I also did write a brief letter that I sent with the other supporting documentation explaining why I thought I had a good income potential in case we would need money.

In the AOS interview he asked about how we met, I told him it was when I was in her country for work. He then asked me what kind of work I'm currently doing. I told him "I don't do anything" and that I am in university. He just asked me what I was studying and when I would finish and get a job. I told him about another year or so. That was all fine, he didn't even ask to see an updated account statement in the interview or ask any questions about our finances.

I had been a little worried about doing this with no income too because I couldn't find examples of people doing their affidavit of support with no income and no cosponsors. I hope my experience helps and let me know if you have any questions.

edit: also wanted to add that I checked the box for unemployed and that I had been unemployed for 7 months at the time of filing, and for almost 10 months at the time of interview.

Edited May 5, 2014 by mike281