EveningCareer

Hi everyone,

I filed my Adjustment of Status almost two months ago. In my USCIS account, there was a blue paperclip in the corner of my I-485 that said “Concurrent Filing”, and it was grouped together with my I-131 and I-765. See attached.

Yesterday, I saw that my I-485 was “separated” and no longer has a “Concurrent Filing” tag. Instead, that appears on the I-765, which remains grouped with the I-131.

It probably means nothing and it’s just a glitch, but wondering if that happened to anyone else? Could it potentially mean there’s movement on my EAD/AP, or even my I-485? Maybe it means one of my forms was assigned to an officer?

6 minutes ago, manyfudge said:

Well, according to this ILRC memo, your income because you are on DACA is admissible.  I don't know how it works in practice.

 

Page 9.

"If the intending immigrant has employment authorization (and also qualifies as a household member because they are residing with the sponsor, or are the sponsor’s spouse or claimed dependent), the petitioner/sponsor can also include the intending immigrant’s income.

 

Example: George has DACA, and is currently employed. His wife, Ruby, is petitioning for him. She is a full-time student. The couple can include George’s income to show that they meet the Affidavit of Support requirements because he has employment authorization through DACA. To include a household member’s income, the household member and sponsor must together complete and sign the Form I-864A Contract Between Sponsor and Household Member. As the name suggests, this is a contract between the contributing household member and the sponsor. In that contract, the household member agrees to be jointly and severally liable for all of the sponsor’s obligations under the Affidavit of Support. In other words, the household member would be just as responsible as the sponsor would be if the sponsor were sued and had to pay out money (see Section VI for more on sponsor obligations and liability). Unlike other household members, the intending immigrant does not have to sign an I-864A, as long as she is immigrating by herself (i.e., she is not immigrating with a spouse or child)."

 

I would engage a lawyer.  Not sure I trust USCIS to follow the rules.

Yeah, everything seems to indicate that I may use my income to satisfy the requirements of the affidavit, but the language seems to leave it open to the adjudicating officer’s discretion :///

2 minutes ago, manyfudge said:

Have you worked for 10 years in the US and have 40 SS quarters?

If not, get a cosponsor.

Unfortunately, no, I don’t have the 40 quarters yet. 

It’s tough to find a co-sponsor since my spouse’s parents are retired and don’t have an income. Our distant family would likely not sponsor us as they likely don’t approve of our marriage (LGBTQ), which is why I was hoping I could use my own income.

Hi everyone,

For a bit of background, I am a DACA recipient who recently married a USC and we’re currently preparing my AOS package. I came here legally on a B2 visa but overstayed.

Our application has seemed quite straightforward with the unfortunate exception of the I-864 (😖). My USC spouse has been unemployed the past three years due to medical reasons and has received 0 income. Thus, I am including my income in the I-864. It is my understanding that I would not fill out the I-864A as I do not have any dependents.

As I’m the intending immigrant and using my income entirely, I’m required to provide evidence that my income will continue after immigrating to the US. As I already live in the US, I am attaching a letter from HR which states my current salary, start date, and statement confirming that they will continue to employ me after adjusting status. With this, I’m including my tax transcripts for 2021 and 2022 (we are filing jointly for 2023 so already including this), paystubs for past six months, and copies of my EADs showing that this income was earned legally.

So my questions are:

1) Does anyone else have experience using the intending immigrant’s income to satisfy the I-864 requirement?

2) My spouse did not file taxes for 2021 and 2022, so those two entries in 24.b and 24.c, respectively, are “N/A”. We’re attaching a statement clarifying that he was unemployed and received no income, thus he did not file those years. But for Part 6 Question 25, does the statement:  “I was not required to file a Federal Income Tax return…” apply to ANY of the three most recent tax years, or just if there are NO tax returns to provide at all? It’s confusing since my petitioner already checked the box for 23.a. stating that he did not file for each of the three most recent years.

Any advice is greatly appreciated.