Affidavit of Support - Income too low

[k.ambrose]

Hi all,
This is my first post here. I got married 4 days ago and am now doing my OPT which will expire on 15 August 2007. I am in the process of filing for a green card as my husband is a citizen of this country.

We have run into a problem concerning firm I-184 Affidavit of Support. He is my sponsor (who is petitioning for my change of status to PR), however he is self-employed and has an income which is too low. I am working as a research technician, I was hired immediately after I completed my MS and have been working for 5 months now and my income is well above the 125% poverty line. I have several questions regarding my situation and would greatly appreciate any help by you guys.

1) Do we still need to fill the I-184 form?

2) If yes, can I show my own income as well? What evidence would I be needing to show?

3) My husband has not filed income tax returns as his income is too low, however I believe he still has to be my sponsor. What documents does he need to show?

Thank you so very much.

 

[dr_lha]

Firstly, the form you want to file is I-864 or I-864EZ, not I-184.

Secondly, yes, your husband must file this form along with the AOS packet (I-485/I-130/I-765). He must be the prime sponsor, regardless of how much he makes. My wife made $0 as she's a student, but she was still my affidavit sponsor.

In answer to questions 2, if you are going to continue in your job after you get your green card, then your income can be included on his I-864. So yes, you can use your income to meet the poverty guideline.

For 3, your husband needs to write a letter explaining why he did not file taxes. Saying he did not earn enough to be required to file is good enough. You should include your tax return with the I-864 to show your income as a household member meets the requirements.

Please download the I-864 form and read the instructions.