Filing everything today including I-864, please help!

[seviram 0]

Dear all,

Today we are doing a concurrent filing of I-130, I-485, I-765 and I-894 (plus the supporting documentation).

My husband and I graduated from college last year (May of 2006). He didn't find a real real job until this year (had to do bunch of unpaid internships). Therefore, the income of his federal return for 2006 is a little under $4,000. However, we got a letter from his employer stating that he is in good standing will annual salary of $29,000. First, we were releived that we pass the poverly line test (this year, 2007, it's 17,112 for a household of 2 and 125% of it is $21,390).

Now we are having second thoughts about tax return since it's 4,000 and well below the poverty line - do you think that's what USCIS is going to look at as opposed to current annual salary?

Regards

[Cécy 44]

Personally I think that you should consider the option of a co-sponsor just to be safe. That way even if the USC didn't pass the poverty line last year, they'll know that you have a co-sponsor there to help and you can also show that your financial situation is improving which will be a plus.

[seviram 0]

Do you know what happens if we don't pass the poverty test? Does the whole thing linger on forever including the Employment Authorization Document?

[Chica Yeyé 41]

Do you know what happens if we don't pass the poverty test? Does the whole thing linger on forever including the Employment Authorization Document?

The sponsor HAS TO prove he/she is above the poverty line. Otherwise, you need a cosponsor who does. From what you tell us of your case that’s what I would do, because there is no way around it at this time. I may be wrong though – so double check.

L.

[Cécy 44]

Do you know what happens if we don't pass the poverty test? Does the whole thing linger on forever including the Employment Authorization Document?

There is the risk of having the petition denied.

It's not worth the risk, get a co-sponsor who is a legal US resident. His dad, mom, cousin, friend, etc.

Your husband will need to fill the I-894 form and so will his co-sponsor.

What visa did you come under?

Edited June 26, 2007 by Cécy

[seviram 0]

Thanks a lot to everyone for their replies.

I called USCIS just to double-check so apparently the sponsor would have to meet the poverty guideline for the past 3 tax years to qualify as a sponsor. Since, my husband, just like myself, was a student and didn't have any substantial income until this year, he cannot be my sponsor and we have to find a co-sponsor..

Do you know what happens if we don't pass the poverty test? Does the whole thing linger on forever including the Employment Authorization Document?

There is the risk of having the petition denied.

It's not worth the risk, get a co-sponsor who is a legal US resident. His dad, mom, cousin, friend, etc.

Your husband will need to fill the I-894 form and so will his co-sponsor.

What visa did you come under?

My visa is F-1. I did one year of Optional Practical Training and it has just expired. Applied for H1-B this year and could not get it because too many people applied.

[Yodrak 7]

seviram,

Current income is of most importance, past income may (or may not, as in your case) be a good indication of whether or not the current income is sustainable. (Past income is also useful to the self-employed who may not have any means of showing what their current income is.)

If the USCIS has concerns about how stable your husband's new, first, job is, the USCIS may request a Joint Sponsor. At least the reason for the low past income is neutral, not negative. The stronger that employment letter is the better off you are.

You won't know for sure where you stand on the sponsorship issue until the application for adjustment is processed.

Yodrak

Dear all,

Today we are doing a concurrent filing of I-130, I-485, I-765 and I-894 (plus the supporting documentation).

My husband and I graduated from college last year (May of 2006). He didn't find a real real job until this year (had to do bunch of unpaid internships). Therefore, the income of his federal return for 2006 is a little under $4,000. However, we got a letter from his employer stating that he is in good standing will annual salary of $29,000. First, we were releived that we pass the poverly line test (this year, 2007, it's 17,112 for a household of 2 and 125% of it is $21,390).

Now we are having second thoughts about tax return since it's 4,000 and well below the poverty line - do you think that's what USCIS is going to look at as opposed to current annual salary?

Regards

[Yodrak 7]

seviram,

Not necessarily true. The USCIS National Customer [Dis]service Center is known as 'the misinformation line' for good reason.

Beyond that, the person on the phone (and we here at VJ) cannot guess if your husband's I-864 package is sufficient or not without seeing the information and supporting documentation.

Yodrak

Thanks a lot to everyone for their replies.

I called USCIS just to double-check so apparently the sponsor would have to meet the poverty guideline for the past 3 tax years to qualify as a sponsor. Since, my husband, just like myself, was a student and didn't have any substantial income until this year, he cannot be my sponsor and we have to find a co-sponsor..

.....

[seviram 0]

Yodrak,

Actually you are right. I did call back the USCIS about 3 times until I got someone who sounded like she knew what she was talking about and was willing to put me on hold in order to better investigate the question. So, here's what I got:

It's okay if in 3 previous years the income was low. Those tax returns are used as evidence to show the income has met poverty guidelines.

Since we are mostly concerned with current income, and the tax returns are not a good evidence of what current income is, it would be best to include:

1. Letter from the employer

2. Copies of paystubs for the past several months or so.

The two things above should be sufficient to provide evidence for the current income.

Thanks a lot again to everyone else for your input. I hope this little investigation will be of help to others as well.

[Nancy2015 2]

Dear all,

Today we are doing a concurrent filing of I-130, I-485, I-765 and I-894 (plus the supporting documentation).

My husband and I graduated from college last year (May of 2006). He didn't find a real real job until this year (had to do bunch of unpaid internships). Therefore, the income of his federal return for 2006 is a little under $4,000. However, we got a letter from his employer stating that he is in good standing will annual salary of $29,000. First, we were releived that we pass the poverly line test (this year, 2007, it's 17,112 for a household of 2 and 125% of it is $21,390).

Now we are having second thoughts about tax return since it's 4,000 and well below the poverty line - do you think that's what USCIS is going to look at as opposed to current annual salary?

Regards

Seviram, I have personal experience with this, and we did get a co-sponsor. They do look at your last tax return, and since USCIS are not very bright, there's a risk they will deny your petition just because they see $4,000 on the tax return. My husband made about $15,000 in 2005, and though he was making way above the poverty line in 2006, we didn't risk it and got a co-sponsor.

We didn't need to provide 3 years of tax returns - just one, the misinformation line don't know their own new requirements. However, if you want to impress USCIS with the amount of paperwork, you may send them 3 years It's always better to overdo.

Good luck!

[seviram 0]

Dear all,

We are after all filling out the co-sponsor application. And thanks for helping make that decision.

However, since it is going to take some time before our co-sponsor can get to this and do it, we have decided to send the application in and then send in the second I-864 separately. This might be a stupid move but we are worried about all the fee increases plus we were feeling pretty confident about my husband's I-864 (we included a letter from employer as well as pay stubs). This weekend we are moving to a new apartment, so we are sending a I-865 next week. We figured we could send the second I-864 (just in case if we are wrong about my husband being a sufficient sponsor) with the I-865 when our I-864 becomes available. Again, this might sound as an unwise move to send things separately but we hope all will be okay.

Since I am the one who's unemployed with all the free time, I get the honor to fill out the second I-864 to the extent I can (like checking all the right boxes, etc). I noticed there isn't an example form for a co-sponsor, so I would like to ask for some guidance.

My questions are:

1. Does having a joint sponsor change anything we have already submitted on my husband's I-864 form (like would he have to check e. I am the first of the two sponsors)?

2. The very first question - Basis for filing, do we check for the co-sponsor - e. I am the second of the two sponsors?

3. How to calculate the household size: Is it me (intending immigrant) plus co-sponsor's household (2 people, so the total would be 1+2=3)? And then will we go off that household=3 number to determine whether the co-sponsor is making enough (I-864P)?

A million thanks to all of you!

Sincerely, Seviram

[Yodrak 7]

seviram,

I think you are wise to send in the I-485 with just your husband's I-864. The I-864 won't be evaluated for a while, by the time it is you will possibly have the Joint Sponsor's I-864 ready to send in should a Joint Sponsor be requested.

1. Nothing to change on your husband's I-864 due to the Joint Sponsor.

2. You are mis-stating the items listed in the 'Basis for Filing' section. Look again, carefully, and read the detailed step-by-step instructions provided with the form.

3. Yes

Yodrak

Dear all,

We are after all filling out the co-sponsor application. And thanks for helping make that decision.

However, since it is going to take some time before our co-sponsor can get to this and do it, we have decided to send the application in and then send in the second I-864 separately. This might be a stupid move but we are worried about all the fee increases plus we were feeling pretty confident about my husband's I-864 (we included a letter from employer as well as pay stubs). This weekend we are moving to a new apartment, so we are sending a I-865 next week. We figured we could send the second I-864 (just in case if we are wrong about my husband being a sufficient sponsor) with the I-865 when our I-864 becomes available. Again, this might sound as an unwise move to send things separately but we hope all will be okay.

Since I am the one who's unemployed with all the free time, I get the honor to fill out the second I-864 to the extent I can (like checking all the right boxes, etc). I noticed there isn't an example form for a co-sponsor, so I would like to ask for some guidance.

My questions are:

1. Does having a joint sponsor change anything we have already submitted on my husband's I-864 form (like would he have to check e. I am the first of the two sponsors)?

2. The very first question - Basis for filing, do we check for the co-sponsor - e. I am the second of the two sponsors?

3. How to calculate the household size: Is it me (intending immigrant) plus co-sponsor's household (2 people, so the total would be 1+2=3)? And then will we go off that household=3 number to determine whether the co-sponsor is making enough (I-864P)?

A million thanks to all of you!

Sincerely, Seviram

[seviram 0]

Yodrak, thanks a lot. Sorry, I don't know what was going on through my head but I re-read the Question 1 - since we have only one joint sponsor we are checking "d."

Thanks again

seviram,

I think you are wise to send in the I-485 with just your husband's I-864. The I-864 won't be evaluated for a while, by the time it is you will possibly have the Joint Sponsor's I-864 ready to send in should a Joint Sponsor be requested.

1. Nothing to change on your husband's I-864 due to the Joint Sponsor.

2. You are mis-stating the items listed in the 'Basis for Filing' section. Look again, carefully, and read the detailed step-by-step instructions provided with the form.

3. Yes

Yodrak

Dear all,

We are after all filling out the co-sponsor application. And thanks for helping make that decision.

However, since it is going to take some time before our co-sponsor can get to this and do it, we have decided to send the application in and then send in the second I-864 separately. This might be a stupid move but we are worried about all the fee increases plus we were feeling pretty confident about my husband's I-864 (we included a letter from employer as well as pay stubs). This weekend we are moving to a new apartment, so we are sending a I-865 next week. We figured we could send the second I-864 (just in case if we are wrong about my husband being a sufficient sponsor) with the I-865 when our I-864 becomes available. Again, this might sound as an unwise move to send things separately but we hope all will be okay.

Since I am the one who's unemployed with all the free time, I get the honor to fill out the second I-864 to the extent I can (like checking all the right boxes, etc). I noticed there isn't an example form for a co-sponsor, so I would like to ask for some guidance.

My questions are:

1. Does having a joint sponsor change anything we have already submitted on my husband's I-864 form (like would he have to check e. I am the first of the two sponsors)?

2. The very first question - Basis for filing, do we check for the co-sponsor - e. I am the second of the two sponsors?

3. How to calculate the household size: Is it me (intending immigrant) plus co-sponsor's household (2 people, so the total would be 1+2=3)? And then will we go off that household=3 number to determine whether the co-sponsor is making enough (I-864P)?

A million thanks to all of you!

Sincerely, Seviram

[seviram 0]

Sorry and by d I mean - "I am the only joint sponsor."

And again - Yodark, thanks for the support - all this is stressful and every single small decision becomes such a conundrum. I hope I'll sleep well for the next 6 months or so.

[Yodrak 7]

seviram,

No "sorry" required - you've got lot's of company!

Yodrak

Sorry and by d I mean - "I am the only joint sponsor."

And again - Yodark, thanks for the support - all this is stressful and every single small decision becomes such a conundrum. I hope I'll sleep well for the next 6 months or so.