Affidavit of support Questions

[Jillian]

(1)My Spouse is self employed and does not have any 1099 or w-2 or proof of income besides his tax returns.. we file jointly, is it better to include a I-864a for my own income to be considered ( i have w2s) or will that reflect badly on his ability to support me
(2) the income should be greater than 125%---- does this refer to the gross income, adjusted gross income or Net income>

 

[lakelady]

If he is sponsoring you, his income (gross) on the tax return should be more than 125% of the poverty level for his household size. I-864a is for a joint sposor and that person has to be a citizen (I think GC holders can sponsor too), meaning that you, the beneficiary cannot file I-864a for yourself. Your assets though can be considered but it has to be at least 5 times the difference between the sponsor's income on the tax return and the poverty level, assuming your spouse's income is under poverty level. In case it's above you can include your assets but it doesn't make any difference. Actually for spouses of USC I think it's only 3 times the difference, not 5. That number is to count how many years until that person will be eligible to apply for citizenship.
Anyways, I am not quite sure how it works for income, I am sure you can include your assets, don't know how it works with income bc you are technically not eligible to work until you get your EAD, unless you have an H or L visa....I ended up messing up my I864 and got a RFE, so read the instructions thoroughly. What I can say is taht regardless of the job your husband has, if his income on the tax return is above the 125% level you should be good.
Good luck

(1)My Spouse is self employed and does not have any 1099 or w-2 or proof of income besides his tax returns.. we file jointly, is it better to include a I-864a for my own income to be considered ( i have w2s) or will that reflect badly on his ability to support me
(2) the income should be greater than 125%---- does this refer to the gross income, adjusted gross income or Net income>

 

[Suzy977]

Your assets though can be considered but it has to be at least 5 times the difference between the sponsor's income on the tax return and the poverty level, assuming your spouse's income is under poverty level.

Just for my curiosity, based on what you said, let say the sponsor's income is $0.00

If s/he shows having money in the bank, an amount equal or bigger that 5 times the poverty level, that's enough for the Affidavit of support?

 

[lakelady]

it might be....all that info I got from reading the I-864 instructions. And of course even more when I realized I messed up. I put our house as an asset and I got an RFE, they will accept money and assets, but it can't be your own house. I called the 1800# and they said well, if you need money and sell your house where are you going to live?But that is not in the instructions!
Other than the house thing there are no restrictions that I know of to use bank accounts of assets.

 

[a_usc]

...I-864a is for a joint sposor and that person has to be a citizen (I think GC holders can sponsor too), meaning that you, the beneficiary cannot file I-864a for yourself...

What I remember reading from I-864 instructions is that the joint sponsor could be a citizen or a GC holder, 18 yrs or older and domiciled in the United States or one of the territories in possesion of the US. Each joint sponsor too needs to file I-864 (not I-864A). I-864A is to be filed by a household member, if his/her income is used to qualify the 125% requirement in the I-864 filed by the primary sponsor.

The income of the beneficiary (sponsored immigrant) may also be used to qualify for the 125% requirement. The instructions in I-864A say that the beneficiary is not required to file an I-864A unless there's a child/spouse immigrating with him/her, however, many people on this forum have expressed their opinion that despite the instructions in I-864A, if the beneficiary is using his/her income, he/she should file an I-864A.

My two cents.

USC

 

[tapskap]

I had called the 1- 800 # and posted the same Q several times before I filed.I am on H1 and I filed 864A since my wife (she is USC) is still a student.I see a number of people in this forum has done this with no RFEs.
The combined household income shud be 125% above the poverty line.

 

[ari4u]

What I remember reading from I-864 instructions is that the joint sponsor could be a citizen or a GC holder, 18 yrs or older and domiciled in the United States or one of the territories in possesion of the US. Each joint sponsor too needs to file I-864 (not I-864A). I-864A is to be filed by a household member, if his/her income is used to qualify the 125% requirement in the I-864 filed by the primary sponsor.

The income of the beneficiary (sponsored immigrant) may also be used to qualify for the 125% requirement. The instructions in I-864A say that the beneficiary is not required to file an I-864A unless there's a child/spouse immigrating with him/her, however, many people on this forum have expressed their opinion that despite the instructions in I-864A, if the beneficiary is using his/her income, he/she should file an I-864A.

My two cents.

USC

I agree. If they need the I-864A, they will use it, if not, they will ignore it. I did the same and i had no problems with my applications. The point is to prove that the minimum income requirements are met.

 

[dremz]

I need help with I-864A form

Hi a_usc,My brother-in-law is filling out a I-864A form for my mother,We are not sure If he has to Notarise the form before mailing it to USCIS. I called the USCIS twice and got conflicting answers both the times. I'm confused& desperatly need some advice. Thanks in advance.

What I remember reading from I-864 instructions is that the joint sponsor could be a citizen or a GC holder, 18 yrs or older and domiciled in the United States or one of the territories in possesion of the US. Each joint sponsor too needs to file I-864 (not I-864A). I-864A is to be filed by a household member, if his/her income is used to qualify the 125% requirement in the I-864 filed by the primary sponsor.

The income of the beneficiary (sponsored immigrant) may also be used to qualify for the 125% requirement. The instructions in I-864A say that the beneficiary is not required to file an I-864A unless there's a child/spouse immigrating with him/her, however, many people on this forum have expressed their opinion that despite the instructions in I-864A, if the beneficiary is using his/her income, he/she should file an I-864A.

My two cents.

USC