I-864 with no or odd income

[Balamban 113]

It's I-864 time.

 

I've been unemployed since 8/2017 and my UE benefits have run out.  However I still will receive about 12 more weeks of significant benefits for approved training.  I am not sure what happens in this case.

 

I've returned to college to obtain a BSN (nursing) which is necessary and MA's paying me weekly a significant amount.  That amount will end in about 12 weeks.  At that point I'll look for work, either part-time and continue my studies or FT and continue my studies part-time. 

 

I've read that I can use assets but I'm unsure, are those assets 3x 100% Fed Pov, or 3x 125% Fed Pov level?

 

How does USCIS look at someone unemployed, but going to college with a great history of employment before becoming unemployed (so great that the adjudicator at the interview appeared to ignore the fact that, at that time I had zero income, and still we were granted the K-1, it may be that she glanced at the prior years 1040 and they are very, very nice numbers.  Yes, we were granted the K-1 with no current income--odd isn't it? (And yes, it was all done honestly and properly, I did not play any games, I knew we could have been rejected but heck why not try--and it worked.

 

If I file promptly I'll still have "current" income (12 weeks more of training income that would, for the year amounted to ~$17,000, though that will end in October.  Maybe that would be acceptable?

 

They may look at a person who has a good work history (1040's) who is back in college FT in a good way--does anyone know?

 

I have no prospective sponsors.  And yes, I know the rules about assets such as you can't use your house (unless you own two).

 

I'm old enough to start drawing social security--but don't want to.  Still I could do that to pump up income and interestingly, once accepted, return it all back to SS (and then wait till I hit age 70 to collect).

 

I'll admit I'm in an "odd" place finance wise.

 

Thoughts please?

[geowrian 22,336]

Asset-wise, you must have at least 3x the required income level (or income gap, if using income + assets) for a spouse. The required income level is 125% of the federal poverty level for your household size.

 

Manila COs don't usually review an I-134, so getting approved with the lack of income/assets at that time is not unusual. The I-134 is not required by law and the CO makes a decision on the public charge concern based on the totality of the circumstances.

 

However, AOS uses an I-864. This has a minimum requirement to qualify and is required by law. Having insufficient income/assets will definitely be an issue regardless of your past or future employability or earning potential. The IO still makes a decision on the public charge concern based on the totality of the circumstances, but one must still meet the minimum financial requirements (or use a joint sponsor that meets them).

 

You can file now and count the current income. If you assets make up the difference, you may be fine as-is. Otherwise, you may get an RFIE to submit an updated I-864. By that time, you may have a new source of income, which may then be sufficient.

 

Just my $0.02...

Edited July 6, 2018 by geowrian

[Villanelle 4,121]

people have used their home (only home) for the 864 and been successful. Others have tried and been denied. It comes down to the Officer reviewing it. For using a home it is recommended to get a professional appraisal (couple hundred bucks). But some have just used zillow estimates and tax records with the assessment and it was enough.

[Balamban 113]

Thank you both.  I own two houses, one I live in and the other is a "retirement project" which is not really livable, but could be if I install a water pump, it is assessed (town) at $68k and Zillow assesses it at $78k and since it's a second house I suspect that alone would work.  I'll add the current income and evidence that I could start taking social security at any time and that should be enough.  If they ask for a RFIE I'll start taking social security for a few months and then return it (that is allowed one-time but has some minor tax ramifications) but that would give me about $16k additional income.  Thanks for the suggestions everyone.

[Chris Duffy 1,256]

My fiancé was from PHilippines

 

I used assets, House and cars.   Approved with no RFE's.

 

I am in Texas and each county has a Property Tax Division with appraised Values, I used that.  

 

For the vehicles I used KBB