Please HELP! Question on I-864

U

ulyss

Registered Users (C)
Hello everyone,

A couple of weeks ago, my USC wife has filed a I-130 petition for my permanent resident and I have concurrently filed I-485, I765 and I-131.
I am in the US based on H1B visa, which will expire in 2010.

I have a question concerning the Affidavit of Support I-864:

My wife has very little income, while my income is good (we filed taxes together in 2008), therefore I have indicated that I (the intending immigrant) will contribute to support myself. As you know they say that the income shall continue from the same source after becoming a permanent resident.
I am not concerned about the "after", since I would have my Green Card.
My question is: what happens if I lose my job before the interview?
What I earned in the first few months of 2009 would be enough to meet the standard, but would they care?
Would it be a problem?
What if I find another job in the meantime (so the source of income will be different)?

Thank you very much

U.
 
ulyss said:
My question is: what happens if I lose my job before the interview?
What I earned in the first few months of 2009 would be enough to meet the standard, but would they care?
Would it be a problem?
What if I find another job in the meantime (so the source of income will be different)?

Thank you very much

U.
Click to expand...

If you lost your job before the interview and if they ask for the recent pay stubs and you don't have them it might be a problem. They might ask you to get another sponsor and come back for the interview.

If you find another job and your income is above the 125% poverty line then I would assume it should not be a problem.
 
ulyss said:
Hello everyone,

A couple of weeks ago, my USC wife has filed a I-130 petition for my permanent resident and I have concurrently filed I-485, I765 and I-131.
I am in the US based on H1B visa, which will expire in 2010.

I have a question concerning the Affidavit of Support I-864:

My wife has very little income, while my income is good (we filed taxes together in 2008), therefore I have indicated that I (the intending immigrant) will contribute to support myself. As you know they say that the income shall continue from the same source after becoming a permanent resident.
I am not concerned about the "after", since I would have my Green Card.
My question is: what happens if I lose my job before the interview?
What I earned in the first few months of 2009 would be enough to meet the standard, but would they care?
Would it be a problem?
What if I find another job in the meantime (so the source of income will be different)?

Thank you very much

U.
Click to expand...
You wife still has to be primary sponser even she does not make alot. If you live together then you income can be used to increase the household income. You will also need a letter from your employer saying that you are a full time employee and that they intend to continue employing you even after you get a green card.
 
Thank you guys for the quick answers.
So basically it is not relevant if you earned a lot of money during the year if you then lose your job a week before the interview, is that right?

It would be very interesting to find someone that actually experienced a similar situation to understand what he was asked at the interview.

U.
 
ulyss said:
Thank you guys for the quick answers.
So basically it is not relevant if you earned a lot of money during the year if you then lose your job a week before the interview, is that right?

It would be very interesting to find someone that actually experienced a similar situation to understand what he was asked at the interview.

U.
Click to expand...

It all depends on what the IO is going to ask you to provide at the interview. If he does not ask for your recent pay stubs then how will he know if you are still employed or not??
 
ulyss said:
Thank you guys for the quick answers.
So basically it is not relevant if you earned a lot of money during the year if you then lose your job a week before the interview, is that right?
Click to expand...

If the sponsor has sufficient assets they can be used in lieu of income if a situation like that arose.
 
Thanks again.
When they calculate the assets do they take into consideration the income received so far or simply the assets. In the latter case, how much assets should I have for a family of 3?
If 125% of the poverty guidelines is 23,000, should I have assets for......? It seesms that if you do not have current income, you will need 23,000 x 5 times ($115,000!).

U.
 
They calculate only assets. HOWEVER if you put all money you made in bank account and can show account statement at the moment of the interview, this is assets as well (you have to divide by 3 I believe though for the assets income calculation).
 
Assets are not like you count everything. It's you count everything and divide by 3 - this is actual amount of your assets for the form. For other categories (not husband/wife of USC) you have to divide by 5.
 
ulyss said:
Thanks again.
When they calculate the assets do they take into consideration the income received so far or simply the assets. In the latter case, how much assets should I have for a family of 3?
If 125% of the poverty guidelines is 23,000, should I have assets for......? It seesms that if you do not have current income, you will need 23,000 x 5 times ($115,000!).

U.
Click to expand...

The value of the convertible assets you use should be 5X the difference between the annual income of the sponsor and the uscis requirement. . For example, if you wife's income is $15,000 and you need to show $25,000 annual ,the difference between the two is $10,000, so you will only need $50000 in assets. The assets can be home equity, 401K balances, savings, investment portfolios and the like, assets than can be quickly converted into cash.
 
Thanks.
When can you show your assets? My affidavit was mailed with the package. If I leave/lose my job before the interview, shall I take all the documents showing my assets at the interview? Or do I have to draft a new I-864?

One extra question: if after I lose my job I do not have enough assets but I have a a person willing to sign as a joint sponsor, what do I do? Do I tell USCIS before the interview? Do I bring the new I-864 and I-864A at the interview just in case?

Thanks

U.
 
I am in ur exact situation I contacted the lawyer on youtube and they told me quite clearly the intending immigrants income WILL NOT be considered even if he makes million dollars a month. I know the I 864 form is confusing but the law firm seems to be very popular and I am sure they wont be givng away such statements without sound proof.They asked me to find a cosponsor before the interview .My case was I had one co sponsor earlier but he lost the job in end of March so I contacted them to see if the INS would request updated paystubs.Their response was never lie to INS but dont give out information unless asked for. Hope it helps .
 
No offense, but it sounds like BS. At least on form I-864 it states:

**************************************
Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.
**************************************

I know at least several people on different forum whos USC spouse didn't make a lot and they filed together.
 
Actually it was offensive kittenkat those are not my words those came from a lawyer instead of calling it BS just show the proof that its true otherwise.The important thing is the onus on the intending immigrant to show continuity of his income from same source.The lawyers exact words were the affidavit of support is meant for the support of the intending immigrant when he has no job and wont be a burden on united states government.So in this scenario the intending immigrant loses his job teh very next day of green card acquiring or the day before the interview the INS officer will have no hestitation in puting the case on hold.
MY 2 cents if its BS for you so be it I was responding to a guys question and nobody's opinion should be considered a legal opinion in these open forums however much the poster thinks they are scholars in this field.
 
smiriyal said:
those are not my words those came from a lawyer.
Click to expand...

I know. :) That's exactly why I say BS. Would NEVER say that if it was from you because you are not a lawyer. Neither am I actually. I just go from the experience I know from other people. USC had little income, but his/her spouse (the intended immigrant) made enough (and had letter from the employer). That was certainly enough for CIS to approve.

I didn't try to offend you personally in any way (my apologies if you took it this way). Unfortunately I run into lawyers saying lots of BS. And not just once. And not just immigration ones. It's sad, but it's true. :(
 
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