I-864 and Stuff

[chancecody 125]

My spouse is a student who has zero income in I-864. When we filed last summer, we had a joint sponsor (spouse's father). I now have a job that I can put in I-864 Part 5 Lines 8 and 9 (income of intending immigrant and have proof that it will continue after obtaining LPR as it is a US job obtained legally with my EAD). I am expecting my interview to be this summer so I am preparing.

 

1. Does USCIS ask you to fill out another I-864 that we need to bring to the interview or will they use the one that we filed last summer with the joint sponsor and zero income for sponsor and intending immigrant? I prefer to use my income now instead of relying on a joint sponsor from the original filing.

 

2. This is NOT a tax question so do not move it to the Tax forum: I am considered a non-resident based on substantial presence test from the IRS so I am not required to file my foreign income in 2021. However, I can elect to be treated as an alien resident for tax purposes to bump up my spouse's zero income in 2021 Tax Return. Is this necessary to get the I-864 approved or am I just making it complicated? Spouse's income would be zero in 2021 Tax Transcript and if I elect to file as a resident even though I don't have to, the numbers would look good.

 

3. If I decide to fill out the new version of I-864 (depending on your answer from my question #1 above), I'd like to know what we should put below. My spouse is a student or homemaker as the current job....or should we tick the "unemployed" box?

 

Thanks for your help!

 

 

 

 

[Crazy Cat 41,981]

These I-864 questions are NEVER moved to the tax forum.  

 

 

Edited April 12, 2022 by Crazy Cat

[chancecody 125]

1 minute ago, Crazy Cat said:

These I-864 questions are NEVER moved to the tax forum.  

 

If the financial situation has changed, or you want to eliminate the joint sponsor, then properly fill in a new I-864 and bring all proper supporting documents.  Good luck.

Thanks for your response. Do you know the answer to question #3. Generally, a "student" or "homemaker" is a job when filling other forms. Should I put "student" or tick the "unemployed" box?

[Crazy Cat 41,981]

1 minute ago, chancecody said:

Thanks for your response. Do you know the answer to question #3. Generally, a "student" or "homemaker" is a job when filling other forms. Should I put "student" or tick the "unemployed" box?

Since the I-864 is signed by the primary sponsor, the correct answer is "unemployed" based on the sponsor being a student.  

[Rocio0010 5,579]

1 hour ago, chancecody said:

1. Does USCIS ask you to fill out another I-864 that we need to bring to the interview or will they use the one that we filed last summer with the joint sponsor and zero income for sponsor and intending immigrant? I prefer to use my income now instead of relying on a joint sponsor from the original filing.

It is always good to have an updated I-864 if there have been any changes from the moment you filed to the moment you had your interview. I have never heard or read of anyone being able to withdraw a previous i-864 voluntarily and update it to the new one. I'm certain it would lead to delays because they would have to "analyze" the new I-864, so personally I wouldn't even touch it.

 

1 hour ago, chancecody said:

Is this necessary to get the I-864 approved or am I just making it complicated?

Not if you are using a joint sponsor imho.

 

1 hour ago, chancecody said:

My spouse is a student or homemaker as the current job....or should we tick the "unemployed" box?

Yes.

 

Also just adding, if at any point you had $10k or more in a foreign bank account, you need to file FBAR

[mam521 2,103]

2 hours ago, chancecody said:

My spouse is a student who has zero income in I-864. When we filed last summer, we had a joint sponsor (spouse's father). I now have a job that I can put in I-864 Part 5 Lines 8 and 9 (income of intending immigrant and have proof that it will continue after obtaining LPR as it is a US job obtained legally with my EAD). I am expecting my interview to be this summer so I am preparing.

 

1. Does USCIS ask you to fill out another I-864 that we need to bring to the interview or will they use the one that we filed last summer with the joint sponsor and zero income for sponsor and intending immigrant? I prefer to use my income now instead of relying on a joint sponsor from the original filing.

 

2. This is NOT a tax question so do not move it to the Tax forum: I am considered a non-resident based on substantial presence test from the IRS so I am not required to file my foreign income in 2021. However, I can elect to be treated as an alien resident for tax purposes to bump up my spouse's zero income in 2021 Tax Return. Is this necessary to get the I-864 approved or am I just making it complicated? Spouse's income would be zero in 2021 Tax Transcript and if I elect to file as a resident even though I don't have to, the numbers would look good.

 

3. If I decide to fill out the new version of I-864 (depending on your answer from my question #1 above), I'd like to know what we should put below. My spouse is a student or homemaker as the current job....or should we tick the "unemployed" box?

 

Thanks for your help!

 

 

 

Since your spouse has limited means, you'll still require her father to co-sponsor you. Your sponsor needs to be able to sponsor you financially, irrespective of whether you're making 6 figures or not. The whole idea here is that your spouse can look after you, irrespective of work authorization or LPR status.  Yes, the IRS wants your tax money, but USCIS doesn't necessarily want to admit a number of people who are potentially going to become wards of the government and dependent on social programs.    

 

I was on an L1, married filing jointly, and each of us made well over the required amount to cover our family according to our individual W2's, but USCIS didn't only cared about hub's income since he was our sponsor.  It's why he had to provide his W2 in addition to our tax transcripts.  

[chancecody 125]

10 hours ago, mam521 said:

I was on an L1, married filing jointly, and each of us made well over the required amount to cover our family according to our individual W2's, but USCIS didn't only cared about hub's income since he was our sponsor.  It's why he had to provide his W2 in addition to our tax transcripts.  

Thanks for your help @mam521 and @Rocio0010

 

So based on this, even if we file "Married Filing Jointly" with IRS and the income would look good together in 2021 as a couple, USCIS would still look at it as the sponsor having zero income so it is better to leave the original I-864 alone as filed in July 2021 with father-in-law as joint sponsor to avoid any more complications, correct?

[Rocio0010 5,579]

8 minutes ago, chancecody said:

Thanks for your help @mam521 and @Rocio0010

 

So based on this, even if we file "Married Filing Jointly" with IRS and the income would look good together in 2021 as a couple, USCIS would still look at it as the sponsor having zero income so it is better to leave the original I-864 alone as filed in July 2021 with father-in-law as joint sponsor to avoid any more complications, correct?

Partially correct. It’s not that they look at the sponsor as having zero income. Rather, they look at you as a liability and so they want to make sure he’s going to be financially responsible for you.

[Family 4,025]

You can prepare a new I-864 using ur income ( complete w taxes / w-2/ paycheck ) and take it with you to the interview AND you can ask the Officer if you are able to eliminate co-sponsor since your household now meets the guidelines , is self-sufficient and that u came prepared just in case he can review it. 

You will get a feel as to weather or not he wants to consider it. 

Theoretically they should always require and review updated financials ( taxes , current income) from ALL sponsors/co sponsor’s ) at the interview , so you are not adding a burden or complicating the process…and you absolutely meet the criteria. 
 

I commend you for the prep and your father in law should be proud of your efforts. 
 

[mam521 2,103]

13 hours ago, chancecody said:

Thanks for your help @mam521 and @Rocio0010

 

So based on this, even if we file "Married Filing Jointly" with IRS and the income would look good together in 2021 as a couple, USCIS would still look at it as the sponsor having zero income so it is better to leave the original I-864 alone as filed in July 2021 with father-in-law as joint sponsor to avoid any more complications, correct?

No, I'd absolutely update the 864 with the up to date information.  As @Family said, it looks good on your part because you are showing that you're a participating and contributing member of society.  Maybe the CO will forgo the joint sponsor...it's gonna depend on who you get which is still frustrating.  

 

I totally understand where you're coming from.  I've always worked to be financially independent so I would never have to be dependent on someone else.  Then, immi rolls along and say you need to have a sponsor...like what?  Is this some Destiny's Child "Bills, Bills, Bills" type #######, because I pay my own bills!  Anyone who's financially independent doesn't want to have to bring anyone else into the picture.  Don't worry...it's semantics for anyone with that type of pride.  I'm pretty confident you'll get your GC and continue to look after your FIL's daughter and everyone will be happy with how it all played out.  

Edited April 13, 2022 by mam521