2 forms I864 or just one?

[ggodoi 9]

Hi,

My wife and I are preparing the package for my AOS. Our most recent tax return is jointly but all income came from me through a 1099, she is a stay at home mom (hard work but no income). Question is, do we just need one form 864 where she will use the amount from our joint return? do I need one as well? Do we need a letter from the company I perform work to?

Thanks in advance for the help, reading this forum has helped a lot.

[ggodoi 9]

Anybody??

After doing some more research I believe there is not such a thing as self sponsor on this case, since we dnt have anybody to joint sponsor we will have to go with only one I-864. Its gona be my wife and on income I will use amount of our last year joint return. Will it be a problem that 1099 is in my name? is it ok to use income of our joint return as her income on form 864? Do I send copy of 1099 in my name or only transcript of the tax return?

I am really confused and a joint sponsor would make it a lot easier but we dnt have anybody really. Another confusing point is, I consulted an immigration attorney and he said my case wouldn't be difficult and that our joint return was perfect and it wouldn't be a problem, but then I read many threads where people are saying somebody out of status cant be working (which I know, but have no choice) and that beneficiary's income cant be used if from illegal employment. I dnt know what to believe at this point and I need this form 864 figured out before I move on.

Any help would be much appreciated.

[KayDeeCee 4,891]

What visa are you adjusting from? If you are working legally, then your income can be used on the USC sponsor's I-864. You will need to provide proof of the income and proof that the income will continue from the same source once you become a permanent resident.

If you are not working legally, then your income cannot be used on the USC spouse's I-864.

[ggodoi 9]

What visa are you adjusting from? If you are working legally, then your income can be used on the USC sponsor's I-864. You will need to provide proof of the income and proof that the income will continue from the same source once you become a permanent resident.

.

If you are not working legally, then your income cannot be used on the USC spouse's I-864.[/quote

I am current out of status, I was on F1 visa, I met my wife in 2012 we got married the same year, december 2012 we found out she was pregnant, 2013 I started to work selfemployed being paid cashand givrn a 1099. our daughter was born august 2013, my wife have not worked since beggining 2013, we are well above poverty guidelines but all income comes from me. my wife gona fill form 864 and attachhed gona be the transcript of our joint return. we have nobody to co sponsor. I work and provide for my family, I dnt intend and never will be a charge to th e government.

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~adjusting from student visa~

[Leo7777 243]

What did you show to your employer to prove you had authorization to work in USA?

As I understand it, the employer has to have some form on file that indicates if employees are authorized. It asks if employee is US citizen, etc. Again, as I understand it, severe penalties if person falsely claims US citizenship on this form.

But I also read somewhere, that unauthorized employment is forgiven for spouse of US citizen when filing for AOS, similar to forgiving being out of status immigration wise. But claiming to be US citizen is not forgiven.

Don't know the rules though with respect to what can be put on I-864.

Edited November 24, 2014 by Leo7777

[KayDeeCee 4,891]

Yes, working without authorization would be 'forgiven', but unauthorized employment income will not be accepted for the I-864. People have been asked to prove they are working legally because illegal income cannot be used for sponsorship. It must be from a lawful source and it must continue after becoming a permanent resident. You need to provide proof of both.