Do I add intending immigrants income?

[Ms. Arely C. 3]

Hi Guys! So my husband’s interview for his Green Card is next Tuesday 😮 We’re double checking our documents & making sure we’re ready but I have this weird feeling with the Affidavit of support (form I-864) so my parents are sponsoring my husband but since I am the main sponsor, I am filling out form I-864. On Part 6, number 7 it says “my current anual income is $______” do I add 0 since I am currently unemployed? Also under #7 it says “Income you are using from any other person who was counted in your household size, including in certain conditions, the intending immigrant.” I read the Instructions for Form I-864 but I am still confused. My husband just started working 3 weeks ago, a few days after recieving his EAD so would I add his name & current income under #7? If I do, he would have to fill out Form I-864A right? (Even if I do add his income, my parents would still have to sponsor him & fill out Form I-864 since my husband recently started working)

 

 

Thanks!

[geowrian 22,337]

Your income is $0 since you are unemployed.

Since he has a valid EAD, you are permitted to include his income in your household. No I-864A is necessary (see part 6, #22, and the instructions, which should be checked):

"One or more of the people listed in Item Numbers 8.,11.,14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents"

 

You do not have to include him, though. If you are using a joint sponsor, then there's not really a benefit in doing so.

[Ms. Arely C. 3]

4 minutes ago, geowrian said:

Your income is $0 since you are unemployed.

Since he has a valid EAD, you are permitted to include his income in your household. No I-864A is necessary (see part 6, #22, and the instructions, which should be checked):

"One or more of the people listed in Item Numbers 8.,11.,14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents"

 

You do not have to include him, though. If you are using a joint sponsor, then there's not really a benefit in doing so.

Thank you so much!!  I think I will end up not adding his income, since we’re using a joint sponsor. Although I could check off Part 6, # 22 so he won’t have to fill out Form I-864 but we have a 1 year old and it says “....do not need to complete Form I-864 because he or she is the intending immigrant and has no accompanying dependents” Do you think the immigration officer will question me on why I didn’t add my husband’s income? 

[geowrian 22,337]

Just now, Ms. Arely C. said:

Thank you so much!!  I think I will end up not adding his income, since we’re using a joint sponsor. Although I could check off Part 6, # 22 so he won’t have to fill out Form I-864 but we have a 1 year old and it says “....do not need to complete Form I-864 because he or she is the intending immigrant and has no accompanying dependents” Do you think the immigration officer will question me on why I didn’t add my husband’s income? 

Ah yes, if there are dependents then an I-864A is needed.

Note this use of "dependents' is with regards to immigration (i.e. if sponsoring the child as well), not taxes. So if the child is not being sponsored for a green card (i.e. is a USC already), then no I-864A is needed. Effectively, the I-864A is to count his income towards the child's sponsorship, not his own.

 

I don't think they would question it.