I-864 Income From Intending Immigrant?

[0310 10]

Hey Everyone,

 

I hope this is not too long to read!

 

I am the intending immigrant. My wife (the US citizen) and I got married almost 3 months ago. I came to the US on a TN visa as an Engineer (I-94 expires in early January 2018). My last entry was on February 2016. I have had this job for 5 and a a half years and I am hoping to get my EAD by January 2018, so that I don't lose my job as I can't renew my TN visa.

 

My wife does not have a full time job or enough assets to meet the I-864 income requirement. Also, she has never submitted a tax return, although she did not have to submit due to low income.

 

I have read in numerous websites and even in the I-864 instructions that I can use my income (intending immigrant income) if it has been obtained lawfully and will continue from the same source after I get a green card. In my situation these conditions are both true, so I just need help in filling out the I-864 and I was hoping someone here can let me know if I am missing something or doing something wrong.

 

1. I will only submit I-864 (I-864A is not required)
2. In part 6, my wife will check item 1.d Unemployed
3. In part 6, item 2 my wife's current annual income will be $0
4. In part 6, item 3 it will be my name (intending immigrant)
5. In part 6, item 5 I will enter my current income (which is about 5 times the poverty guidelines for two)
6. In part 6, item 15 I will enter my current income (household income)
7. In part 6, item 18.a we will check "No" as she has not submitted her tax return for the past year
8. In part 6, items 19.a, 19.b, 19.c we will mention total income as $0 for the last 3 tax years
9. In part 6, item 20 we will check that she was not required to file a tax return as the income was below IRS required level

 

For evidence I am planning to attach the following documents:

• Tax Transcripts for 2016
• W2 for 2016
• 1099 for 2016 (investments)
• Payslips for the last 6 months
• Employer letter confirming my employment
• Letter from wife stating that she was not required to file a tax return for the last year

 

Do you think that will be enough?

 

I have around $26,000 in stocks/bonds in a regular account, $16,000 in a traditional IRA account and $63,000 in a 401K account.

Should I also include evidence of these assets?

 

BTW I paid RapidVisa to help me filling out and file the paperwork, but they always seem confused about my situation (either chat or call) and the forms generated have quiet a few mistakes. They keep telling me that I need a joint sponsor, but I have read otherwise.

 

Will the clock to get my EAD card reset if I submit the I-864 and paperwork above and later I need a joint sponsor? (Assume all the other immigration forms and evidence were correct)

 

Please share your knowledge and experiences with me. Thank you so much! 

[Jordan8768 107]

4 minutes ago, 0310 said:

Hey Everyone,

 

I hope this is not too long to read!

 

I am the intending immigrant. My wife (the US citizen) and I got married almost 3 months ago. I came to the US on a TN visa as an Engineer (I-94 expires in early January 2018). My last entry was on February 2016. I have had this job for 5 and a a half years and I am hoping to get my EAD by January 2018, so that I don't lose my job as I can't renew my TN visa.

 

My wife does not have a full time job or enough assets to meet the I-864 income requirement. Also, she has never submitted a tax return, although she did not have to submit due to low income.

 

I have read in numerous websites and even in the I-864 instructions that I can use my income (intending immigrant income) if it has been obtained lawfully and will continue from the same source after I get a green card. In my situation these conditions are both true, so I just need help in filling out the I-864 and I was hoping someone here can let me know if I am missing something or doing something wrong.

 

1. I will only submit I-864 (I-864A is not required)
2. In part 6, my wife will check item 1.d Unemployed
3. In part 6, item 2 my wife's current annual income will be $0
4. In part 6, item 3 it will be my name (intending immigrant)
5. In part 6, item 5 I will enter my current income (which is about 5 times the poverty guidelines for two)
6. In part 6, item 15 I will enter my current income (household income)
7. In part 6, item 18.a we will check "No" as she has not submitted her tax return for the past year
8. In part 6, items 19.a, 19.b, 19.c we will mention total income as $0 for the last 3 tax years
9. In part 6, item 20 we will check that she was not required to file a tax return as the income was below IRS required level

 

For evidence I am planning to attach the following documents:

• Tax Transcripts for 2016
• W2 for 2016
• 1099 for 2016 (investments)
• Payslips for the last 6 months
• Employer letter confirming my employment
• Letter from wife stating that she was not required to file a tax return for the last year

 

Do you think that will be enough?

 

I have around $26,000 in stocks/bonds in a regular account, $16,000 in a traditional IRA account and $63,000 in a 401K account.

Should I also include evidence of these assets?

 

BTW I paid RapidVisa to help me filling out and file the paperwork, but they always seem confused about my situation (either chat or call) and the forms generated have quiet a few mistakes. They keep telling me that I need a joint sponsor, but I have read otherwise.

 

Will the clock to get my EAD card reset if I submit the I-864 and paperwork above and later I need a joint sponsor? (Assume all the other immigration forms and evidence were correct)

 

Please share your knowledge and experiences with me. Thank you so much! 

If it's not enough you can get someone to be your joint sponsor. That's what my wife and I did. The amount you are stating should be enough though. Send it off. The worse that can happen is an RFE requesting you get a joint sponsor. 

[azblk 338]

How long have you worked in the US total? have you looked into i-864W if you have 40 quarters of SS? Generally you get about 4 quarters a year so you would need to have worked for 10 years to qualify for the exemption. Your income and assets will obviously be enough for i-864 purposes but may present another problem altogether due to your wife not working and the short length of the marriage.

 

http://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

[Atlanta789 9]

Don't forget to attach a copy of your latest I-94 and of your TN visa with your I-864. Carefully read the NOTE on the bottom of Page 1 of the I-864 form.

I am also an intending immigrant on a L-1 visa who is self sponsoring. We sent in all that you're sending but forgot to include a copy of my latest I-94 and of L-1 visa and we got an RFE asking for those two things and for my 2016 taxes ( which we hadn't filed when we mailed the forms).

 

Edited June 1, 2017 by Atlanta789
spelling error

[0310 10]

17 hours ago, azblk said:

How long have you worked in the US total? have you looked into i-864W if you have 40 quarters of SS? Generally you get about 4 quarters a year so you would need to have worked for 10 years to qualify for the exemption. Your income and assets will obviously be enough for i-864 purposes but may present another problem altogether due to your wife not working and the short length of the marriage.

 

http://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

I read about that, but I've only worked a little over 5 years (20+ quarters I guess as I do get paid vacation). What other problems may present? I guess not related to the I-864?

 

 

16 hours ago, Atlanta789 said:

Don't forget to attach a copy of your latest I-94 and of your TN visa with your I-864. Carefully read the NOTE on the bottom of Page 1 of the I-864 form.

I am also an intending immigrant on a L-1 visa who is self sponsoring. We sent in all that you're sending but forgot to include a copy of my latest I-94 and of L-1 visa and we got an RFE asking for those two things and for my 2016 taxes ( which we hadn't filed when we mailed the forms).

 

 

I did not think about attaching those documents as part of the I-864 evidence, but now I will! I see on your timeline that you have received your EAD. Thanks for sharing!

[azblk 338]

10 minutes ago, 0310 said:

I read about that, but I've only worked a little over 5 years (20+ quarters I guess as I do get paid vacation). What other problems may present? I guess not related to the I-864?

 

Yes they are not i-864 related. Take a look at the link below and read through it. There are several flags that apply to your situation and are viewed unfavorably by USCIS. Your case my get extra scrutiny so you need to prepare yourself.

 

http://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

[geowrian 22,336]

3 minutes ago, azblk said:

Yes they are not i-864 related. Take a look at the link below and read through it. There are several flags that apply to your situation and are viewed unfavorably by USCIS. Your case my get extra scrutiny so you need to prepare yourself.

 

http://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

What are the red flags?

[azblk 338]

16 minutes ago, geowrian said:

What are the red flags?

read the link

[EMBELL_17 101]

25 minutes ago, geowrian said:

What are the red flags?

Thank you.

[0310 10]

33 minutes ago, azblk said:

Yes they are not i-864 related. Take a look at the link below and read through it. There are several flags that apply to your situation and are viewed unfavorably by USCIS. Your case my get extra scrutiny so you need to prepare yourself.

 

http://www.nolo.com/legal-encyclopedia/red-flags-that-make-uscis-suspect-marriage-fraud.html

Yes, I have read that website before. We have a couple of red flags, 1) Different race (white vs. hispanic), 2) Unequal education background (she only finished high school and I have a bachelor's degree), 3) US citizen lacks a job/income, although she definitely does not live impoverished 

 

We can provide the evidence that might be requested and answer any interview questions. I wish social media counted as evidence as she is hard on that.

I just hope I can at least get the EAD by Dec/Jan, so that I can keep my current job.

[geowrian 22,336]

1 hour ago, azblk said:

read the link

I did. But those are generic...I meant in this case.

 

40 minutes ago, 0310 said:

Yes, I have read that website before. We have a couple of red flags, 1) Different race (white vs. hispanic), 2) Unequal education background (she only finished high school and I have a bachelor's degree), 3) US citizen lacks a job/income, although she definitely does not live impoverished 

Those are all pretty minor items. The majority of cases would be more heavily scrutinized if that was the case. I'm not saying they are meaningless, but they're extremely low on the totem pole. Things like severe age differences (i.e. 30 years apart), religious differences (i.e. a practicing Muslim marrying a Christian), marriage after a very short time of seeing each other, somebody filing for multiple beneficiaries in a short time, etc. are what the community generally refers to as "red flags". You'll be fine.

[azblk 338]

47 minutes ago, 0310 said:

Yes, I have read that website before. We have a couple of red flags, 1) Different race (white vs. hispanic), 2) Unequal education background (she only finished high school and I have a bachelor's degree), 3) US citizen lacks a job/income, although she definitely does not live impoverished 

 

We can provide the evidence that might be requested and answer any interview questions. I wish social media counted as evidence as she is hard on that.

I just hope I can at least get the EAD by Dec/Jan, so that I can keep my current job.

Also another one is getting married when your TN visa is about to expire and you can not renew it. Social media does count as evidence. All am just saying always prepare for the worst case and don't get blindsided. The USCIS assumes almost every marriage based petition is fraudulent and that it is their mission to catch the cheaters rather than adjudicate benefits.

[azblk 338]

9 minutes ago, geowrian said:

I did. But those are generic...I meant in this case.

 

Those are all pretty minor items. The majority of cases would be more heavily scrutinized if that was the case. I'm not saying they are meaningless, but they're extremely low on the totem pole. Things like severe age differences (i.e. 30 years apart), religious differences (i.e. a practicing Muslim marrying a Christian), marriage after a very short time of seeing each other, somebody filing for multiple beneficiaries in a short time, etc. are what the community generally refers to as "red flags". You'll be fine.

Nothing is minor in the eyes of the uscis and it totality of the evidence provided that they use to decide. It is much easier to overcome one big red flag than several small ones. My wife is a practicing Muslim US citizen and am not. We have been married 16 years and are going through the process for a second time( i gave up my first green card when we moved home permanently but wife got homesick and here we are again). Basically my point was his case has several red flags and he should prepare evidence to overcome them if the USCIS decides to highlight them.

[geowrian 22,336]

20 minutes ago, azblk said:

Nothing is minor in the eyes of the uscis and it totality of the evidence provided that they use to decide. It is much easier to overcome one big red flag than several small ones. My wife is a practicing Muslim US citizen and am not. We have been married 16 years and are going through the process for a second time( i gave up my first green card when we moved home permanently but wife got homesick and here we are again). Basically my point was his case has several red flags and he should prepare evidence to overcome them if the USCIS decides to highlight them.

I disagree. Some things are minor. Some things are not. Or to be more specific, some things are far more significant than others. The items in the OP's case are all pretty minor. It's not at all unusual for an Americans to marry a Hispanic person. It's not at all unusual for somebody with a bachelor's degree to marry somebody with a high school diploma. I agree that a lot of little flags can turn into an issue, but I just don't see that in any of the information provided by the OP. She doesn't have anything that would generally be considered a "red flag" for the embassy she is going through.

 

Always be prepared. Never be complacent.

Edited June 1, 2017 by geowrian

[0310 10]

13 minutes ago, azblk said:

Also another one is getting married when your TN visa is about to expire and you can not renew it. Social media does count as evidence. All am just saying always prepare for the worst case and don't get blindsided. The USCIS assumes almost every marriage based petition is fraudulent and that it is their mission to catch the cheaters rather than adjudicate benefits.

I'm not sure how that would be a red flag if the only reason I cannot renew my visa is because I got married, but if that hadn't happened I would have renewed my TN visa in January 2018.

 

When we got married my I-94 was expiring in 10 months, does that count as about to expire considering that currently they only give TN visas valid for 12 months?