Jump to content

5 posts in this topic

Recommended Posts

Hi,

 

I am filling the I-864 form to sponsor my husband (we got married in June 2017). I am currently in graduate school, not earning any income. In 2016 I worked and pursued my graduate degree at the same time. I filled my tax return but earned below the poverty limit. My husband just graduated and started a full-time job on July 10th 2017. He is on a POST Completion OPT EAD. His annual income is $65,000. He also worked at his school and made  $3,936 in 2017. Which give him a total income of $32,011 for 2017 (current job + school job).

For the year 2017, 125% of HHS Poverty Guidelines equals $20,300.

 

Will his income be enough for the current household income?

 

Also, I read that in order for USCIS to accept his income we need to have been living together for at least 6 months, or filled or taxes jointly in 2016, which is not the case. Will USCIS be able to accept his income as our household income? Or do we need to add a sponsor?

 

Thank you.

Share this post


Link to post
Share on other sites
5 hours ago, Candace17 said:

Also, I read that in order for USCIS to accept his income we need to have been living together for at least 6 months, or filled or taxes jointly in 2016, which is not the case.

This one is correct. Seeing that you said it is not the case, then I am afraid the only option you have is to use a co-sponsor.

 

Before you are able to use the beneficiary's income, you will need to list them as a dependent on your most recent federal tax return OR they must have lived with you for the last 6 months. Since you haven't listed him as your dependent yet and it is not yet the tax season for you to file jointly and declare him as one of your dependents, then I suggest you start looking for a friend or a family member who will serve as your co-sponsor for his AOS application.

 

Best of luck!

 


K1 Visa Timeline (4 months / September 2016 to January 2017):

Sept 23, 2016 - I-129F Packet sent to USCIS via USPS

Sept 28, 2016 - NOA1 email/text
October 5, 2016 - Received the written NOA1. 
October 28, 2016 - Received NOA2 via mail
November 17, 2016 - Called NVC and got case #
November 19, 2016 - Case status changed from At NVC to In Transit
November 26, 2016 - Case status changed from In Transit to Ready
December 22, 2016 - Packet 3 received. 
January 07, 2017 - Medical Exam, 8am - PASSED!
January 25, 2017 - Interview, 8am - APPROVED!!!
January 30, 2017 - Visa on Hand! 

Our K1 Visa Process on our blog: https://happilyhaberlafter.wordpress.com/2018/04/21/k1-visa-process/

 

AOS Timeline (4 months / April 2017 to August 2017):

April 11, 2017 - Dropped off packet at USPS
April 13, 2017 - Delivered at USCIS
April 22, 2017 - NOA1 via text and email received with case #s
April 27, 2017 - NOA1 Hardcopies received
May 6, 2017 - Biometrics Appointment Letter Received
May 18, 2017 - Biometrics done
June 1, 2017 - Case Ready to be Scheduled for Interview
July 21, 2017 - Interview is Scheduled for August 28

July 29, 2017 - EAD/AP Approved

August 4, 2017 - EAD/AP on Hand!

August 28, 2017 - AOS Interview, 1:15PM - APPROVED!!!!

September 14, 2017 - Greencard on Hand! 

Our AOS Process on our blog: https://happilyhaberlafter.wordpress.com/2018/05/13/adjustment-of-status-greencard-application/

                                                     SEE YOU IN 2 YEARS, USCIS! 

Share this post


Link to post
Share on other sites
8 hours ago, Candace17 said:

 

Will his income be enough for the current household income?

 

Also, I read that in order for USCIS to accept his income we need to have been living together for at least 6 months, or filled or taxes jointly in 2016, which is not the case. Will USCIS be able to accept his income as our household income? Or do we need to add a sponsor?

 

OPT income for fulfillment of I-864 can be highly subjective, depending on USCIS reviewing officers in NBC and case-by-case.

The rational behind this for this case-by-case it that OPT can be regarded as temporary source of income, albeit I have a feeling that USCIS reviewing officers are not familiar with OPT rules. 

 

To enhance the chance of avoiding RFIE, you need to add his employer's income verification letter stating specifically that they would like to continue working with him with benefit eligibility and permanent position (if it is applicable) as well as stating the expected annual income.

Also, I would recommend you include I-9 (USCIS's very its own form) because when USCIS issues RFIE, they often states "the beneficiary income must be legally authorized source of income, and I-9 can verify that it is legally authorized employment. 

(Of course, his payStub can be added as well) 

 

 

 

Share this post


Link to post
Share on other sites

A very similar scenario applies to me... if that is the case, would I check 1d (I am the only joint sponsor) or 1e (I am the first/second joint sponsor)!? I'd say I am still the only joint sponsor, since I am also checking item 17 (no need to complete i865A because that person is the intending immigrant), correct? 


Local Field office: Raleigh, NC

 

Filed I-130, I130A, I-485, I-765 & I-864
Date Mailed: 01/25/2018
Date Received: 01/30/2018
Date Received NOA Letters: 02/06/2018
Received Biometrics Letter: 02/17/2018
Biometrics Done: 02/26/2018
RFIE (I485): 02/23/2018
RFIE in mailbox: 3/3/2018
RFIE received by USCIS: 3/8/2018
USCIS update - EAD being produced and sent to me: 5/25
EAD sent me to: 5/31
I-485 "ready to schedule interview: 6/1
EAD in hand: 6/4
i485 interview notice has been sent in the mail: 6/4

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×