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phn25

Form I-864/I-864a Question

By phn25 in Adjustment of Status from Work, Student, & Tourist Visas

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phn25 Newbie

phn25   0

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Filed: F-1 Visa Country: Vietnam
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My spouse (USC) and I (F1 visa holder) are going through the AOS process and currently having some issues with form I-864. A little bit about our situation, my spouse was unemployed, but she just got a job offer as an independent contractor that has the start date is next month. Meanwhile I'm on STEM OPT so I currently have a full-time job and make more than 125% the poverty guideline. We just got married last month so we both filed tax independently last year. So my questions are:

1. Can we use my income by including it under the household member income, and then file form I-864a? Or will we need a joint sponsor?

2. As for my spouse, can she include this new income under "current individual annual income"? She'll be an independent contractor though so there'll be no paystubs or employment verification from employer, are there any other ways that she can prove this income?

 

Thanks!

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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Your spouse's future job offer as an independent contractor is no good for i864. She can include your income on her i864 (i864a is not required) for total household income if you can provide a statement from your employer that your employment and income will continue after you get your green card.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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