Affidavit Of Support , I130 AOS question

A

andy1977

Registered Users (C)
Hi,

Im filing for Adjustment Of Status. My wife became a Naturalized Citizen of the US recently.

The situation is like this -

My wife is a student and has no income

Im currently on H1B

My wife is required to complete the form I864 (Affidavit of Support) - There it says that she can use a "household members" salary to qualify based on 125% above the poverty line.

Can I use my (Me being the Sponsored Immigrant) income to qualify?

I864 says that the Spouse has to fill I864 A if his/her income is used and I864 A says that the Sponsored Immigrant should not complete it unless there are 1 or more immigrants applying with him/her (This is not the case here)

I called the USCIS customer service 3 times - each time Im not getting a SURE answer (Once they said that I need a Joint sponsor, once they said that I need to complete I864 A, once they said that I should NOT complete I864 A)

What should I do? Someone please help HELPPPPPPPPPPPPP :)



Andy
 
I'm in the same exact situation (just my wife became a US citizen like 6/7 years ago)...my fiance is in law school and I'm a regular H-1B.

She has no income and never had one (maybe few thousands dollar from student jobs, that's it).

My income would qualify and we would have no problem at all in meeting the 125% treshold.

BUT our wives (or soon to be :D ) are unemployed and I read on the I-864 that the sponsor MUST submit proof of employment.
That's why we decided to have my father-in-law as joint-sponsor....just not to take any chance.

I strongly suggest you to get a joint sponsor, if you can.
 
So what are you gonna put on the I864

So what are you gonna put on the I864 that your wife completes? Zero income?
If you are thinking to put your income, as a household member, you will need(ARE REQUIRED) to submit I864-A (You telling USCIS that you will support your wife in supporting you ..LOL :))
and I864-A says that the Intending Immigrant need not complete the form unless there are 1 or more additional immigrants accompanying him/her.


Im planning to submit all of the following.

I864 (completed by my wife), I864-A (completed by me - promising my wife that I would support her to support me :))

and also get a joint sponsor (who meets 125% of the poverty limit individually) complete an I864,

and mail all of these along with I130, I485 and the supporting documents

(2 Biographic forms for me and 1 for my wife,

Medical exam results in a sealed envelope,

tax transcripts for my wife, myself and the joint sponsor,

copies of my wife's naturalization certificate,

our Marriage certificate,

my birth certificate, my I94, Visa pages from my passport,

the joint sponsor's proof of Citizenship/permanent residence).

3 Photos of me (2 for I485, 1 for I130), 1 of my wife

Do you see any possible problems in this or have I left out any document?
 
Last edited by a moderator:
andy1977 said:
So what are you gonna put on the I864 that your wife completes? Zero income?
If you are thinking to put your income, as a household member, you will need(ARE REQUIRED) to submit I864-A (You telling USCIS that you will support your wife in supporting you ..LOL :))
and I864-A says that the Intending Immigrant need not complete the form unless there are 1 or more additional immigrants accompanying him/her.


Im planning to submit all of the following.

I864 (completed by my wife), I864-A (completed by me - promising my wife that I would support her to support me :))

and also get a joint sponsor (who meets 125% of the poverty limit individually) complete an I864,

and mail all of these along with I130, I485 and the supporting documents

(2 Biographic forms for me and 1 for my wife,

Medical exam results in a sealed envelope,

tax transcripts for my wife, myself and the joint sponsor,

copies of my wife's naturalization certificate,

our Marriage certificate,

my birth certificate, my I94, Visa pages from my passport,

the joint sponsor's proof of Citizenship/permanent residence).

3 Photos of me (2 for I485, 1 for I130), 1 of my wife

Do you see any possible problems in this or have I left out any document?
Click to expand...

WOW..... I think I'm the wrong guy to ask this..... After all, I will get married in a month from today and I'm just starting to get all my paperwork together.
BTW, your checklist sounds right....just remember that the signatures on the I-864/864A forms must be notarized and that your birth certificate must be translated in English and you have to attach proof that the translator is certified to do so (I'm using the Italian Consulate to do so and guess what...I have to translate it and they will just certify it.....3 weeks waiting for an appointment at the consulate...ridicolous!)....

Also, if your joint sponsor filed his tax return jointly with his/her wife/husband and he/she's just gonna use his/her income to sponsor you, you must attach copies of his/her W-2s.
 
If you can qualify for 125% requirement by adding your income, you should file an I-864A and you won't need the joint sponsor. Yes, I know the instructions in the form say you don't have to file it, unless you are bringing a dependent, but people have this opinion here - better to file it and be safe. Having said that, I must add that I understand Sarrebal's concern and his reasoning behind having a joint sponsor, despite the fact that adding his income qualifies the household income to the 125% requirement... so if you want to be abs sure, you may go ahead and include a joint sponsor too. Remember, the joint sponsor must meet the 125% requirement individually - in which case you don't need to include your income ;).

Everything else you guys mentioned is right... the forms... getting I-864s notarized etc. File all this with I-485. Besides, I am presuming that you want to maintain your H-1B status... if not, then you may also want to file I-765 (Authorization to work) and should you need to travel out and reenter US while your I-485 is pending, you should also file I-131 (Advance Parole). Good Luck :)
 
Thank you

Thank you for your reply a_usc and Sarrebal. Yes You are right a_usc, Im planning to maintain my H1B(Valid till Jan) status and apply for EAD and AP around September.
Thanks and Best Regards
 
a_usc said:
If you can qualify for 125% requirement by adding your income, you should file an I-864A and you won't need the joint sponsor. Yes, I know the instructions in the form say you don't have to file it, unless you are bringing a dependent, but people have this opinion here - better to file it and be safe.
Click to expand...

hi a_usc, did you mean by not require to file I-864A? or not require a joint sponsor?

I read a reply to my other thread saying I would not need I-864A if my income exceeds / meets the 125% requirement, since I am the sponsor to my wife coming. Correct?
 
Correct me if I am wrong - so you are the USC, sponsoring your wife and you meet the 125% requirement... right? If so, you need to file only I-864. I-864A is to be filed by a household member if her/his income is used to qualify for 125% requirement. Well... it goes like this:

Primary Sponsor meets 125% requirement ==> Sponsor files I-864 that's it. No I-864A required.

Primary Sponsor doesn't meet 125% requirement ==> Sponsor files I-864 and gets a joint sponsor ==> Joint sponsor also files I-864.

Primary Sponsor doesn't meet 125% requirement ==> the immigrant's income can be used to meet the requirement ==> immigrant files an I-864A (instructions seem to say otherwise, but people here agree that its better that the immigrant files an I-864A, if her/his income is being used).

** Primary Sponsor = person who filed I-130.


Hope this helps.
 
Last edited by a moderator:
a_usc said:
Thanks a_usc.I belong to the 3rd category where the Primary sponsor doesn't meet the 125% requirement.

Just correcting your 3rd case.....
Primary Sponsor doesn't meet 125% requirement ==> the immigrant income can be used to meet the requirement ==> immigrant files an I-864A (instructions seem to say otherwise, but people here agree that its better that the immigrant files an I-864A, if her/his income is being used).

** Primary Sponsor = person who filed I-130.
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Hope this helps.
Click to expand...
 
I am in a similar situation. I am sponsoring my husband, but I have not worked since July 2004, as I am a stay-at-home mom. I am aware I must fill out the I-864 and also have my mom fill out the I-864 as a joint sponsor. I just have a question about filling out the application.

Under Part 4.C. Sponsor's Annual Household Income, do I not check any of the boxes since I did not file a return for the most recent tax year? And then just attach a paper explaining that I have been unemployed since July 2004. Then would I attach my returns for 2003 and 2004 (even though they still wouldn't exceed the poverty guideline for my household size?
 
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