Affidavit of Support

[finish4start 0]

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife’s doesn’t. Can he include his income into household income to meet minimum criteria?

[athena_ny 1]

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife’s doesn’t. Can he include his income into household income to meet minimum criteria?

Not if he wasn't authorized to work.

[Yodrak 7]

finish4start,

Does he have a current income to include? (And if so, does he currently have employment authorization?)

Yodrak

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife's doesn't. Can he include his income into household income to meet minimum criteria?

[finish4start 0]

finish4start,

Does he have a current income to include? (And if so, does he currently have employment authorization?)

Yodrak

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife's doesn't. Can he include his income into household income to meet minimum criteria?

I don’t think that he has gotten his work authorization yet…………

They haven’t filed anything yet.

[athena_ny 1]

Then she needs to find a joint sponsor. My husband's income was enough to meet the guidelines, but since he wasn't authorized to work and I didn't make enough, we had to get a joint sponsor.

finish4start,

Does he have a current income to include? (And if so, does he currently have employment authorization?)

Yodrak

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife's doesn't. Can he include his income into household income to meet minimum criteria?

I don’t think that he has gotten his work authorization yet…………

They haven’t filed anything yet.

[Yodrak 7]

finish4start,

I repeat - does he have a current income to include on his wife's I-864?

Yodrak

finish4start,

Does he have a current income to include? (And if so, does he currently have employment authorization?)

Yodrak

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife's doesn't. Can he include his income into household income to meet minimum criteria?

I don't think that he has gotten his work authorization yet…………

They haven't filed anything yet.

[finish4start 0]

finish4start,

I repeat - does he have a current income to include on his wife's I-864?

Yodrak

finish4start,

Does he have a current income to include? (And if so, does he currently have employment authorization?)

Yodrak

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife's doesn't. Can he include his income into household income to meet minimum criteria?

Yes, he works. He has a full time job.

I don't think that he has gotten his work authorization yet…………

They haven't filed anything yet.

[Yodrak 7]

meow mix,

You had to get a Joint Sponsor because the interviewing officer told you that you needed a Joint Sponsor?

And you didn't include your husband's income with yours because the interviewing officer told you that you couldn't include it? Or because you assumed that you couldn't include it and so did not ?

Yodrak

..... My husband's income was enough to meet the guidelines, but since he wasn't authorized to work and I didn't make enough, we had to get a joint sponsor.

Edited May 3, 2007 by Yodrak

[finish4start 0]

I would think that he should be able to show his income as well. Even he is not authorized to work yet he is still a member of household. Am I right?

[Yodrak 7]

finish4start,

I will be interested to learn the rest of meow mix' experience, but if it were me I would include your husband's income with yours on your I-864. Then if the interviewing officer tells you that they are not going to accept it be ready with a Plan B. I wouldn't close the door in my own face just because I fear that someone else might close it.

Yodrak

Yes, he works. He has a full time job.

finish4start,

I repeat - does he have a current income to include on his wife's I-864?

Yodrak

finish4start,

Does he have a current income to include? (And if so, does he currently have employment authorization?)

Yodrak

Looking for the aswer for my friend.

He came to the US as a student a while ago, met his future wife and just got married. Not being authorized to work in the US he worked anyway and filed federal tax returns each year he worked. Now is a time to do his AOS. Their joint income with his wife meets the poverty line criteria but just his wife's doesn't. Can he include his income into household income to meet minimum criteria?

I don't think that he has gotten his work authorization yet…………

They haven't filed anything yet.

[finish4start 0]

When my husband and I did our AOS in 2003 we did consider my income even though I was a beneficiary on our petition. It did work fine. Our combined income still was below poverty line but we were able to show that we had the difference amount* 5 times in some assets. That’s what I was about to say to my friend but I wanted to hear it from somebody else before I do it. I don’t want him to blame me in giving him wrong information if something doesn’t work for him.

[athena_ny 1]

meow mix,

You had to get a Joint Sponsor because the interviewing officer told you that you needed a Joint Sponsor?

And you didn't include your husband's income with yours because the interviewing officer told you that you couldn't include it? Or because you assumed that you couldn't include it and so did not ?

Yodrak

..... My husband's income was enough to meet the guidelines, but since he wasn't authorized to work and I didn't make enough, we had to get a joint sponsor.

Actually, I was legally advised that was how it worked. Now that I read the form again, it doesn't quite say that. Oh well. I didn't want to involve his illegal employment any more than I had to anyway, and he was having tax issues with his employer that resulted in his 2006 taxes not being filed on time anyway - so again, didn't want to involve it more than I had to.

Scratch that, then. I swear to God I thought it said that on the form.

When my husband and I did our AOS in 2003 we did consider my income even though I was a beneficiary on our petition. It did work fine. Our combined income still was below poverty line but we were able to show that we had the difference amount* 5 times in some assets. That’s what I was about to say to my friend but I wanted to hear it from somebody else before I do it. I don’t want him to blame me in giving him wrong information if something doesn’t work for him.

In all honesty, if he's going to blame you for giving him wrong information, advise him to see a lawyer. I'm not going to be giving any information to someone who might "blame" me later.

Hence why I only give any information on the internet. And in this case, it was wrong. So...case in point.

[rebeccajo 14]

Well, the I864 says earnings from legal employment may be used.

I'm not sure what Yodrak is thinking, but my initial reaction is different than his.

[tmma 467]

Well, the I864 says earnings from legal employment may be used.

I'm not sure what Yodrak is thinking, but my initial reaction is different than his.

Mine too-personally I would line up a co-sponsor and save possible pandora's box or awkward questions later...But that's just me.

[athena_ny 1]

Well, the I864 says earnings from legal employment may be used.

I'm not sure what Yodrak is thinking, but my initial reaction is different than his.

That's what I thought but then I couldn't find it! All I could find last night was has to be continuing from the same source, etc. But I know when I sat there and read all 19 pages, it said legal SOMEWHERE. (Yesterday I skimmed a page or two and gave up.)