Questions about form I 864

[osprey 0]

Hi everyone, fist time in the forum.... I have a quick question, I'm a F1 student, just got married a few weeks ago.. I'm going to adjust my status, but I have a question related to form I-864. My wife didn't earn enough last year to make it over the 125% poverty line.. the main reason was that she started working after she graduated in May... However, she makes enough this year.

Also, I work as a research student since 2006 when I started my masters (now PhD).. so I've been earning some money since then... Can my income be combined with hers? we have our taxes since 2006 plus all our W2.. Also, we got letter from our respective employers stating that we currently have a job....

Thanks for your help!!!

[fullglass 5]

No, your income cannot be combined with your spouse's on the Affidavit of Support. The purpose of I864 is to show that your spouse can 100% support you financially and also prove that neither one of you are likely to apply for government assistance. Joint-sponsor, other than yourself, is an option.

Edited August 11, 2014 by fullglass

[osprey 0]

Thanks fullglass... so, does it make a difference the fact that now she earns enough, even when that is not reflected in the 2013 taxes? She has a letter from her employer stating how much she is currently making....

[fullglass 5]

When were you planning on sending off the AOS package? If you send it this year, you will probably have to send off the most recent tax return (2013). In this case, it would be best for your spouse to get a joint-sponsor.

Also, is it just two of you in the household? If so, the poverty line for 2 is $15,510 (this amoutn depending on the state you live in):

http://aspe.hhs.gov/poverty/13poverty.cfm#guidelines

Edited August 11, 2014 by fullglass

[osprey 0]

The plan was to do it ASAP.. isn't it suppose to be 1.25 times the poverty line......?? and yes, we are only two in the household....

[fullglass 5]

Check this chart:

http://www.***removed***/affidavit-of-support/i-864p-poverty-guidelines.html

According to this chart for 2014, for household size of 2 (depending on state), it is 19,662 and this would be the minimum for 2014.

Edited August 11, 2014 by fullglass

[fullglass 5]

Found this one from USCIS:

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[osprey 0]

Thanks fullglass... I found a copy of that document too... my question is, my wife didn't make that much back in 2013, but she does make more than that this year.......do they only consider what is on your 2013 taxes?

[fullglass 5]

On the Form I864, they ask for most recent tax returns, which currently would be for 2013.

[bobcat190E 12]

My understanding was that the intending immigrant's income CAN be counted in order to meet the 125% threshold if certain conditions are fulfilled.

There is space to add the intending immigrant's income in part 6 of the form (where it says "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Instructions)" and in the instructions it says this:

4. What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

a. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal tax return who signed a Form I-864A, Contract Between Sponsor and Household Member.

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;

c. The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant;

d. A joint sponsor whose income and/or assets equal at least 125 percent of the Poverty Guidelines. See section 9., What Is a Joint Sponsor, for more information on joint sponsors.

Source: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Edited August 11, 2014 by bobcat190E

[fullglass 5]

that is crazy....the lawyer i consulted told me otherwise....

[bobcat190E 12]

Perhaps the lawyer's opinion was that although it was possible to include the intending immigrant's income, it was safer to not have to rely on it? I could imagine that being the case.

I had a brief meeting with a lawyer and I got the sense from her that there are many ways to fill in the forms for AOS, and that some ways of doing so are more efficient or less likely to raise red flags about your case than others. Perhaps this is a case like that.

Edited August 11, 2014 by bobcat190E

[fullglass 5]

True. But at the end of the day, there's nothing to worry about if the marriage is legit and genuine

[osprey 0]

thanks guys, I was reading that too, but everything is confusing.... a lawyer told me that I cannot include my income... but the form says otherwise.

Now, let's say I don't include my part,.. what should I add as her income, her current (2014) or last years income.. Like I said earlier, we can proof that she earns enough right now... isn't that the whole point, to avoid people asking the government for money? In the end, what if you claimed you earned X amount back in 2013 but you are currently unemployed!!!

[Harpa Timsah 13,261]

Please read the instructions. It clearly says you can include your income if you want. For your spouse, current income is what counts. SHe will need to prove her current income with a letter from her employer or paystubs.

When it asks for current income, you put current income. Just answer the question. Current is not last year's by definition.

Edited August 11, 2014 by Harpa Timsah