Can my husband still be my sponsor if he doesn't have a stable income?

[ecjan 0]

Hi guys,

My husband is planning to apply IR visa for me and before we begin the application, we have an income-related problem on i-864 form.

My husband quit his job this July as he decided to start something on his own (an app startup). This means that he can't provide his proof of employment and it is not guarantee that he would have income anytime soon. However, he got the tax transcripts from his previous job (2015-2016) and it shows that his annual income is above the 125%.

In total his annual income was around 68k after tax in the year of 2015-2016. He also got 15k on his saving account, 12k stocks and 30k assets.

For me, I am employed and my annual income is around 40k after tax (in Hong Kong) with around 10k on my saving account.

Does this make it enough for him to be my sponsor? For me it is quite risky but asking his parents to be my sponsor would be the very last option...

Thank you very much guys!

Edited October 29, 2016 by ecjan

[aleful 1,905]

hi

he is your sponsor regardless of if he makes enough or not. The petitioner is always the primary sponsor and MUST file an i864

the i864 isn't needed right now, he will have to file 2016 taxes in April and show what will be his current income for 2017

so it will depend on how much he makes next year. If it isn't enough, then he will need a joint sponsor

Edited October 29, 2016 by aleful

[Michael and Ganna 105]

I would file....it looks like you are in good shape. I would file asap from abroad. You will beat April 15, 2017, maybe. Also remember that we will be in the holiday season soon. The slow US government will even be slower.

[NikLR 13,234]

Your husband cannot apply for an IR visa for you. YOU apply for the IR1 visa. He files an I-130 petition which decides if you are allowed to apply for a visa.

As it stands, self employment income is decided at tax time. So if your husband makes over the income threshold or can come up with the difference in provable assets (not a primary car or home) then he shouldn't need a joint sponsor. Either way he can file the I-130 now, and you can cross the bridge about income when you come to it.

[ecjan 0]

Thank you very much guys!!!