Can I use unemployment as income for i864 ?

[MyNameIsEarl 13]

Hi Everyone,

 

              I am an USC working in I.T and lost my job a month ago right after my wedding. I am married to an immigrant on f1 visa, not working and her visa is about to expire(in couple weeks). I am currently searching for jobs but it looks like it might take couple months to get one. I am currently receiving unemployment benefits which is above 125% of the poverty line. Can I use my unemployment income to file the her gc and I am sure by the time of her interview I will be having a job and making enough money. My income from that last several years is solid and above the required level. So can I just submit my past w2s and current income as unemployment? Also, if I get a job after couple months can I submit updated i-864? I am just trying to file gc asap because I don't want my wife to lose her status. Please suggest if you have any idea on how to proceed at the moment.

[Chancy 6,233]

*** Moved from AOS from K1 Visas forum to AOS from Work/Student/Tourist Visas forum ***

 

1 hour ago, MyNameIsEarl said:

I am currently receiving unemployment benefits which is above 125% of the poverty line. Can I use my unemployment income to file the her gc

 

No.  Your unemployment benefits are not meant to continue for a long time.

 

Do you have any relatives or maybe even close friends who may be willing to sign as joint sponsor?

 

[MyNameIsEarl 13]

9 minutes ago, Chancy said:

*** Moved from AOS from K1 Visas forum to AOS from Work/Student/Tourist Visas forum ***

 

 

No.  Your unemployment benefits are not meant to continue for a long time.

 

Do you have any relatives or maybe even close friends who may be willing to sign as joint sponsor?

 

 

Thanks for the inputs. I think my friends can help. I will ask them. 

[powerpuff 5,916]

I strongly suspect that USCIS will not accept it. You’re supposed to demonstrate that the intending immigrant will not become public charge and well, the USC petitioner being on unemployment benefits doesn’t really help convince them that she won’t become public charge.

1 hour ago, MyNameIsEarl said:

So can I just submit my past w2s and current income as unemployment?

That’s not possible. Current income is what counts, not past even if it was a high paying job.

 

1 hour ago, MyNameIsEarl said:

Also, if I get a job after couple months can I submit updated i-864?

What would you do if they issue an RFE for insufficient income soon after you send the forms? There is not set time when they issue RFEs, it could be a week or a year after applying. Failure to adequately address an RFE will most likely lead to denial. This is why we strongly recommend a joint sponsor.

 

please see this thread for someone with a similar situation who got an RFE:

 

[Crazy Cat 39,342]

1 hour ago, MyNameIsEarl said:

Can I use my unemployment income to file the her gc and I am sure by the time of her interview I will be having a job and making enough money.

No.  Unemployment income is problematic because it is just a temporary measure.  In addition, a job offer is not adequate since there would be no evidence of real income until you are actually employed.  Get a well-qualified joint sponsor. 

[OldUser 4,904]

I thought you were in the process or removing conditions on I-751 earlier this year?

 

Did you already naturalize and now sponsoring somebody else? Are you sure you're eligible to do that this soon?

 

[Verrou 1,899]

Most states only give unemployment for max 6 months. So the answer is no, UI is not equal income. When I got married with my spouse he’s been laid off for 9 months. The UI already dried out by then. We waited till he got a job while prepping the application. The moment he got a job (5 months after we got married) we sent the application right away because we know his salary from Nov ( when he got the job) and Dec are over minimum requirement income for 2 people in household. 
 

also you need to have joint sponsor. Better send the application with joint sponsor on file then get the RFE later

 

im helping someone who got RFE for the same exact thing right now, it’s not pretty 

Edited December 9, 2023 by Verrou