I-864 Income from Immigrant

[annacollette]

Hello, I am in need of some information on the I-864.

My fiance is currently working in the US with an OPT Visa (Optional Practical Training). We are marrying soon and want to make sure we file for his residency correctly. Currently he is employed and is making sufficient income to where he is considerably above the poverty level.

My questions are:

As my fiance will be able to continue with his current job after he receives his residency may we use this income to demonstrate financial support for his filing?

If using the immigrant income is possible are there are any special procedures to be taken? How will we file the I-864, in his name or both of ours?

Part #2
If this is not possible I have a few questions. Currently I am finishing my last semester of school and live with my parents.

If we must have a sponsor for him- which would be my father, Is it necessary that the immigrant lives in the same household?

After we marry we plan on moving into together is it okay to have a different address from that of the financial sponsor as long as myself and him are living together?

 

[BigJoe5]

You as the I-130 petitioner MUST file an I-864 even with zero income. If your and your spouse's income (as listed on your I-864) is insufficient, a joint sponsor (someone who does not live with you files a seperate I-864) can help you. Your spouse is the intending immigrant and does not file an affidavit UNLESS qualified to file an I-864W and do away with all the rest. An I-864W can be filed if he has 10 years of lawful employment in the U.S. Read the I-864 instructions carefully. To find the require income level, see form I-864P.

Any other financial helper must be a USC, national or LPR to help you out with the affidavits. IF the helper is in the same household, they are a co-sponsor on form I-864A in addition to your I-864.

From the I-864 form instructions:

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

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.

 

[Jackolantern]

As my fiance will be able to continue with his current job after he receives his residency may we use this income to demonstrate financial support for his filing?

Yes. But given the nature of the employment (OPT is essentially an internship), USCIS may require him to provide a job letter to confirm that his employment will not end just because of his OPT expiration.

If using the immigrant income is possible are there are any special procedures to be taken? How will we file the I-864, in his name or both of ours?

You must fill out and sign the I-864, but there is a section on the I-864 (I think question 24) where the immigrant's income is to be listed.