Aff. of Support, wife doesn't make enough.

[mroels]

Hey,

I (UKC) recently married my wife (USC) and we are starting the whole green card process right now. I'm on OPT F1 and have a job that pays well over the poverty line. My wife however she has been working as a waitress until recently and simply didn't make enough money to sponsor me, as shown in her last W2 statements. Well she did make enough money but not that the IRS knows about. About three months ago she became a exotic dancer and is now making serious income way way over poverty income, however all this money is cash and while she is claiming it and pays taxes on this income, there is no official document stating how much she makes yet. Also she doesn't have any immediate family to co-sponsor.

Can this be solved by her club manager signing anything as how much her estimated income is? Does my income come into play at all? Would my intent to join the US Army play any role?

Thanks guys

 

[ocworker]

Hey,

I (UKC) recently married my wife (USC) and we are starting the whole green card process right now. I'm on OPT F1 and have a job that pays well over the poverty line. My wife however she has been working as a waitress until recently and simply didn't make enough money to sponsor me, as shown in her last W2 statements. Well she did make enough money but not that the IRS knows about. About three months ago she became a exotic dancer and is now making serious income way way over poverty income, however all this money is cash and while she is claiming it and pays taxes on this income, there is no official document stating how much she makes yet. Also she doesn't have any immediate family to co-sponsor.

Can this be solved by her club manager signing anything as how much her estimated income is? Does my income come into play at all? Would my intent to join the US Army play any role?

Thanks guys

If your wife's income, per W2 or from previous tax return, does not meet the base line, AND you wish to use your income to support it, you can file I-864A.

Your wife needs to file I-864, and both of you need to file I-864A.

You can get the clear instruction from the I-864 regarding the necessary documentation for I-864A.

 

[ari4u]

Your wife needs to file I-864, and both of you need to file I-864A.

both dont have to file I-864A. Only the sponsored immigrant who is also a household member needs to file I-864A if his/her income is to be used.

 

[ocworker]

both dont have to file I-864A. Only the sponsored immigrant who is also a household member needs to file I-864A if his/her income is to be used.

i thought the sponsor needs to sign the I-864A too?

 

[mroels]

ok thanks for the info...as for my intent to enlist in the military, will that be taken into account in the GC proceedings?

 

[ari4u]

i thought the sponsor needs to sign the I-864A too?

I take my previous statement back. You are correct. The sponsor has a section to fill out, but that form is intended to be mainly used by the household member or the sponsored immigrant.

 

[mroels]

actually i'm doing her taxes right now so i have another question: my wife will be filing her first quartely earnings next month as a self-employed person (IRS for 1040es). basically this means that she pays taxes quarterly based on expected annual income. since this expected annual income is far higher than the poverty line is there still a need for me to file the I-864a?

Or is the 125% calculated merely from the last W2? Because I only graduated from college in late January, and even my W2 from this past tax period doesn't state my annual income. It merely states what I had earned over a two month period.

 

[havenoidea]

X-post from my other thread:

My fiance only started her job after tax season before which she didn't work as she was a dependent of her parents and myself(although not me legally). As with mroels' case my fiance is selfemployed and makes about $2000/month and won't be filing her expected earning until June 15th. Support from her family is out of the question as she doesn't have good relationship with her parents. She has no assets other than a car worth about $14000 (completely paid for).

I guess my question is that as soon if I file a I-864a do both our incomes have to meet the poverty guidelines as set forth by USCIS or is there a different standard? Can the I-864 be updated e.g. if I file for AOS and then get a job shortly after that? What if by the interview we will be able to prove meeting poverty guidelines, or will they simply refuse an interview based on failure to meet the poverty standards? If so, will showing current pay-stubs do rather than W2s.

As far as a joint sponsor is concerned can this be anyone? (I'm assuming its only USCs) Because I have plenty of good friends who'd fill out an Affidavit of Support for me.

 

[ocworker]

ok thanks for the info...as for my intent to enlist in the military, will that be taken into account in the GC proceedings?

I do not think your intent of enlist in the military would be counted. however, if your sponsor is in the military, the requirement of the income would only be the 100% of the min.

 

[a_usc]

I-864 can't be updated once you have filed it.

If you file I-864A, then it will be the sum of your and your spouse's income that will need to meet the min income requirement.

 

[havenoidea]

So would it be wise for me to just take any job right now to ensure that between the both of us, we are above the minimum income requirement and then file a little bit later. (my opt is valid till Nov.)

But how do we file without past W2s?

Also can foreign saving accounts, mutual funds, CDs etc be included in I-864A?


As far as a joint sponsor is concerned can this be anyone? (I'm assuming its only USCs) Because I have plenty of good friends who'd fill out an Affidavit of Support for me.

 

[aldin]

HI,I Called today USCIS and they said to me sponsored imigrants can not fill I-864A contract betwen sponsor and haushold because you can not be sponsor for you self

 

[tapskap]

HI,I Called today USCIS and they said to me sponsored imigrants can not fill I-864A contract betwen sponsor and haushold because you can not be sponsor for you self

That maybe true...But the people on the phone are not 'Immigration Officers'....we have many examples on the forum where people have used their own income to qualify and have filed I 864A and still gone ahead and get their GC....I have done it....and I have not received any RFE....as yet....

 

[havenoidea]

Hey guys,

I'm still confused as to what to do considering that neither my fiance and myself have W2s? She started her job recently (meets min. income req. ) and I have no work history in the US?


Also can foreign saving accounts, mutual funds, CDs etc be included in I-864A?


As far as a joint sponsor is concerned can this be anyone? (I'm assuming its only USCs) Because I have plenty of good friends who'd fill out an Affidavit of Support for me.

 

[ari4u]

I filed I-864A, used my income to sponsor myself and had no problems getting my GC approved

 

[ari4u]

actually i'm doing her taxes right now so i have another question: my wife will be filing her first quartely earnings next month as a self-employed person (IRS for 1040es). basically this means that she pays taxes quarterly based on expected annual income. since this expected annual income is far higher than the poverty line is there still a need for me to file the I-864a?

Or is the 125% calculated merely from the last W2? Because I only graduated from college in late January, and even my W2 from this past tax period doesn't state my annual income. It merely states what I had earned over a two month period.

USCIS gives more importance to earnings from the most recent tax year. In case of self-employed, 1099 (instead of W2) from the most recent year is counted as income and i dont see the quartertly tax payments being used as an acceptable proof.

You should gear up with a joint sponsor seeing that you and your wife dont meet the 125% requirement. You can change this later in the interview showing sufficient proof of earnings via 1099.

 

[ari4u]

X-post from my other thread:

My fiance only started her job after tax season before which she didn't work as she was a dependent of her parents and myself(although not me legally). As with mroels' case my fiance is selfemployed and makes about $2000/month and won't be filing her expected earning until June 15th. Support from her family is out of the question as she doesn't have good relationship with her parents. She has no assets other than a car worth about $14000 (completely paid for).

I guess my question is that as soon if I file a I-864a do both our incomes have to meet the poverty guidelines as set forth by USCIS or is there a different standard? Can the I-864 be updated e.g. if I file for AOS and then get a job shortly after that? What if by the interview we will be able to prove meeting poverty guidelines, or will they simply refuse an interview based on failure to meet the poverty standards? If so, will showing current pay-stubs do rather than W2s.

As far as a joint sponsor is concerned can this be anyone? (I'm assuming its only USCs) Because I have plenty of good friends who'd fill out an Affidavit of Support for me.

Pl look at instructions on the I-864 as it lists requirements and eligiblility to qualify as a joint sponsor. You can submit a new I-864 during the interview if your financial situation has changed and also provide proof of meeting/exceeding the 125% income requirement.

 

[ari4u]

Hey guys,

I'm still confused as to what to do considering that neither my fiance and myself have W2s? She started her job recently (meets min. income req. ) and I have no work history in the US?


Also can foreign saving accounts, mutual funds, CDs etc be included in I-864A?


As far as a joint sponsor is concerned can this be anyone? (I'm assuming its only USCs) Because I have plenty of good friends who'd fill out an Affidavit of Support for me.

You need a joint sponsor if you cannot provide proof of meeting/exceeding the 125% minimum income requirement. Yes, you can show assets as mentioned in the I-864. You should read instructions, they might intimidate you initially, but everything you need is in there.

 

[tapskap]

Question for Ari

You need a joint sponsor if you cannot provide proof of meeting/exceeding the 125% minimum income requirement. Yes, you can show assets as mentioned in the I-864. You should read instructions, they might intimidate you initially, but everything you need is in there.

Hey ari....

Question for u...I know u filed I 864A...
Can I ask ...at the time of interview,did ur wife actually had income less than the poverty line or was she not working at all?

I am in a situation where my wife has quit her work after we applied and so I am left with only my income to show...(My income meets the poverty guidelines)...

Will that be OK?

Thanks,

 

[ari4u]

Hey ari....

Question for u...I know u filed I 864A...
Can I ask ...at the time of interview,did ur wife actually had income less than the poverty line or was she not working at all?

I am in a situation where my wife has quit her work after we applied and so I am left with only my income to show...(My income meets the poverty guidelines)...

Will that be OK?

Thanks,

My wife did not work the whole of 2005.
She worked a couple of months in 2004.
I submitted my AOS in 2005 with her 1040 from 2004 (which was a little over the requirements) and also submitted my 1040 with the I-864A knowing this question will pop up during the interview.
During the interview, the officer specifically asked for her 2005 W2/1099 and when she told him she did not work during 2005, the officer asked her how she plans to support me with no income. At that point I informed the officer that i am using my income to qualify and i had submitted the I-864A and he seemed satisfied after i provided him my IRS transcripts, went ahead and approved my I-485.