I-864 - I, The one getting sponsored, make enough money and my spouse doesn't have any income

[fardaus 0]

Hi, I tried to search for my specific case on the forum but couldn't find a direct answer

 

I am in the US as a TN worker from Canada. I've been employed for 2 years and have my TN renewed for another 3 years.

Last year, I've filed taxes jointly with my spouse, who has no income. My income is sufficient to support us both.

So even though my spouse doesn't work and has 0 income, our household income is sufficient and the tax return shows that.

So can we fill out the form normally where my spouse can support me, because the household income is sufficient? It's just a little bit weird because we're essentially filling out that I can support my wife, therefore she can support me

Edited November 12, 2023 by fardaus

[Timona 3,963]

Since your job is already in US, yes. 

[OldUser 4,994]

If your wife is the sponsor making $0, you need to find a joint sponsor depsite of your income.

12 hours ago, fardaus said:

we're essentially filling out that I can support my wife, therefore she can support me

I don't believe it works this way.

[Timona 3,963]

An intending immigrants income can be used to sponsor. It's not a method most people like, but it can be. 

 

In this situation, OP already is working in US. So, his chances are better.

 

And yes, wife will have to still remain principal sponsor at zero income. 

[OldUser 4,994]

1 hour ago, Timona said:

An intending immigrants income can be used to sponsor. It's not a method most people like, but it can be. 

 

In this situation, OP already is working in US. So, his chances are better.

 

And yes, wife will have to still remain principal sponsor at zero income. 

Most importantly USCIS tends to not like this method or the one using assets. It's not like OP's wife is only $5000 short on her income and OP can help. It's much safer to find a joint sponsor. I wouldn't want OP to get an RFE 9-12 months into the process.

 

@fardaus do you have 3 years of US tax returns where you met poverty guidelines? I wouldn't even attempt this if it's not the case.

 

Edited November 12, 2023 by OldUser

[fardaus 0]

6 hours ago, OldUser said:

Most importantly USCIS tends to not like this method or the one using assets. It's not like OP's wife is only $5000 short on her income and OP can help. It's much safer to find a joint sponsor. I wouldn't want OP to get an RFE 9-12 months into the process.

 

@fardaus do you have 3 years of US tax returns where you met poverty guidelines? I wouldn't even attempt this if it's not the case.

 

I have 2 years and after this year I'll have 3. My spouse has 3+ years of tax return showing above poverty line, last 2 being joint

[Chancy 6,233]

On 11/12/2023 at 2:48 AM, fardaus said:

can we fill out the form normally where my spouse can support me, because the household income is sufficient? It's just a little bit weird because we're essentially filling out that I can support my wife, therefore she can support me

 

Do you have evidence that you may retain your current job even after you stop being on TN status and obtain your green card?  Maybe a letter from your US employer?  If so, your wife may list your current income on the I-864 to meet the financial sponsorship requirement.

 

Note these I-864 instructions that apply to your situation (refer to page 8 of https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf) -- "If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children."