Affidavit of Support

[rebeccajo 14]

Page 2 of the instructions for the I864 speaks specifically to the intending immigrants income from employment and states it may be used if it can be substantiated and will continue after they become a legel permanent resident.........

[Yodrak 7]

rebeccajo,

I did a quick scan of I-864 and its' instructions and did not spot that qualifier "legal" in there, but for the purpose of this discussion I will assume that it is there and I missed it.

Moving on, then, I would not report my income from the drug dealing I do in the late evening hours. Bringing it a bit closer to home for some VJers, neither would I report the earnings from my 'under-the-table' job on weekends where my employer pays me in cash without deducting payroll taxes and I don't report the income on my income tax return. These are examples of what I would call earnings not from legal employment.

I know how the INS treats a spouse who has worked without employment authorization, but I do not know it might consider the earnings. I was hoping that meow mix' experience might give us 1 piece of evidence, but sadly not.

In any event, I have already posted what I would do and subsequent discussion has not changed my mind. That was not given as advice as to what anyone else should do - everyone should decide based on their own comfort level after consulting legal counsel as meow mix did.

Yodrak

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

.....

Edited May 4, 2007 by Yodrak

[rebeccajo 14]

Yodrak -

I had scanned the form as well and didn't see the magic word either. Yet I felt sure I had read it somewhere.

In an Interoffice Memorandum dated June 27, 2006 titled Consolidation of Policy Regarding USCIS Form I864 Affidavit of Support (AFM Update AD06-20), numbered HQRPM 70/21.1.13, on page 7, one can find virtually the same wording regarding the intending immigrants earnings as on the I864 itself - with the word 'lawful' inserted before the word employment.

Becca

[Killer_Clown_2009 0]

I'd include your spouse's income on the affidavit of support. I'm not certain, but I think I've seen someone else manage to successfully use income from a spouse who was working without authorization to meet the poverty guidelines. This would have been back in 2004 though, when I first joined VJ.

[Yodrak 7]

Becca,

Without regard to how the forms, policies, memos, etc. are worded, what ultimately counts is how the INA is worded. Just because some memo writer decided to throw in the word "lawful", or some form writer unwittingly left it out, doesn't make the document right if it's at odds with the INA.

Although, as a practical matter, it would have to be a serious difference of opinion on an issue of great significance to make it worth the effort of challenging a particular case officer's interpretation.

Yodrak

Yodrak -

I had scanned the form as well and didn't see the magic word either. Yet I felt sure I had read it somewhere.

In an Interoffice Memorandum dated June 27, 2006 titled Consolidation of Policy Regarding USCIS Form I864 Affidavit of Support (AFM Update AD06-20), numbered HQRPM 70/21.1.13, on page 7, one can find virtually the same wording regarding the intending immigrants earnings as on the I864 itself - with the word 'lawful' inserted before the word employment.

Becca

[rebeccajo 14]

Becca,

Without regard to how the forms, policies, memos, etc. are worded, what ultimately counts is how the INA is worded. Just because some memo writer decided to throw in the word "lawful", or some form writer unwittingly left it out, doesn't make the document right if it's at odds with the INA.

Although, as a practical matter, it would have to be a serious difference of opinion on an issue of great significance to make it worth the effort of challenging a particular case officer's interpretation.

Yodrak

Yodrak -

I had scanned the form as well and didn't see the magic word either. Yet I felt sure I had read it somewhere.

In an Interoffice Memorandum dated June 27, 2006 titled Consolidation of Policy Regarding USCIS Form I864 Affidavit of Support (AFM Update AD06-20), numbered HQRPM 70/21.1.13, on page 7, one can find virtually the same wording regarding the intending immigrants earnings as on the I864 itself - with the word 'lawful' inserted before the word employment.

Becca

Yodrak

Well, since this particular 27 page memo was written as an addendum to the adjudicators field manual after the I864 was revised last summer, I'm hoping whoever redesigned the form and whoever wrote the memo took the INA into account.

PS - Did you see my husband got his greencard today?

Becca

[Yodrak 7]

Becca,

Ask Gerona about how the policy makers can take the INA into account. Like many other laws, the INA can be interpreted different ways by different people and can even be self-contraditory.

Yodrak

PS - CONGRATULATIONS

Yodrak

Well, since this particular 27 page memo was written as an addendum to the adjudicators field manual after the I864 was revised last summer, I'm hoping whoever redesigned the form and whoever wrote the memo took the INA into account.

PS - Did you see my husband got his greencard today?

Becca

Edited May 4, 2007 by Yodrak

[rebeccajo 14]

Becca,

Ask Gerona about how the policy makers can take the INA into account. Like many other laws, the INA can be interpreted different ways by different people and can even be self-contraditory.

Yodrak

PS - CONGRATULATIONS

Yodrak

Well, since this particular 27 page memo was written as an addendum to the adjudicators field manual after the I864 was revised last summer, I'm hoping whoever redesigned the form and whoever wrote the memo took the INA into account.

PS - Did you see my husband got his greencard today?

Becca

Yodrak, my friend, you do have a point.

And thanks!

Becca