Becoming a full-time student

V

vazhkudai

Registered Users (C)
Hello:

I married a USC last week and I am planning to do an AOS. I am currently on H1-B and my permit is valid until end of 2009. My wife recently completed her graduate degree and is currently unemployed. We share the same residence. As per instructions on the I-864 form, I am considered part of her household and I can include my salary (which is well above the 125% poverty line) in the I-864 form.

Do I need to get another sponsor or will my income suffice? The I-864 form states that I-864A is required only if the intended immigrant has dependents such as children. So, is it safe to assume that I-864 alone will do in this scenario?

I got admitted to a full-time MBA program and I am thinking of enrolling from the fall semester of 2008.

Form I-864 states that the income requirement of my sponsor (my wife) can be met by including "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."

So, if I become a full-time student before or after I get my temporary green card, will I be breaking the terms of the I-864 form? Or, does it only matter that I am gainfully employed at the time of my interview?

Any insights into this issue are greatly appreciated.

Sincerely,
Karthik
 
You and your wife both need to supply an I-864. With regards to your second question, the key is at the time of interview your current source of income should be the one that is expected to stay the same. After your approval, you may opt to stop working. Unless you become a burden on the welfare system, no one will re-visit your I-864.
 
Triple Citizen said:
You and your wife both need to supply an I-864. With regards to your second question, the key is at the time of interview your current source of income should be the one that is expected to stay the same. After your approval, you may opt to stop working. Unless you become a burden on the welfare system, no one will re-visit your I-864.
Click to expand...


Thanks a lot!
 
vazhkudai, whether or not you live with your wife is irrelevant for this question, since you are her spouse. All intending immigrants are required to submit evidence that the income they wish to include will continue after they become permanent residents (see the last paragraph on page 2 of the instructions).

The requirement is codified in 8 CFR 213a1: The “household income” may not, however, include the income of an intending immigrant, unless the intending immigrant is either the sponsor's spouse or has the same principal residence as the sponsor and the preponderance of the evidence shows that the intending immigrant's income results from the intending immigrant's lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status.

If you have definitely decided that you'll quit your job in 7 months then I'd find the inclusion of your income somewhat troublesome, especially if your wife would likely be unemployed too at the same time. While I agree with Triple Citizen that it may not be an issue if this happens after you become a permanent resident, there's nothing from keeping the IO to ask you details about your future plans, and if your interview is let's say in about 5 months at the earliest I'd find it troublesome to hide the fact if you have made up your mind that you'll quit 2 months later (you'll have to present pay statements during the interview that prove that you currently have the required income). On top of that, given the timing, it's not impossible that your interview could occur very close to or even after you start grad school. If you haven't finalized your plan to study, and you have reasonable proof that your income will indeed continue, your best bet might be if your wife finds new employment until your interview and you submit an updated I-864 at the interview based on her income alone. Or, use assets instead or a joint sponsor.

About your other question, you don't need I-864A. Only your wife needs to fill out an I-864 and she can include your income as household income without I-864A.
 
Last edited by a moderator:
Hello austriacus:

Thanks for your detailed and thoughtful response. It has greatly helped clarify my situation.

Sincerely,
Karthik
 
A further clarification

I would appreciate if someone can help me clarify my situation.

Since I am planning to enroll as a full-time graduate student which would involve me quitting my current job (I am on H1-B), I have gotten my father-in-law to be a joint sponsor along with my wife. He has filled out an I-864 form for me.

My wife is currently unemployed and so I assume she will have to fill out an I-864 form with no income of her's listed on it.

The questions that I have are:

1. I believe my wife cannot include my income (as an household income) in the I-864 form that she fills out because that income will cease once I start my full-time enrollment at a University. Am I correct in this regard?

2. Will USCIS look at my case with suspicion since I won't have an income in the future (from August), my wife doesn't have an income and I am including my father-in-law as a joint sponsor?

3. If I am not including my current income as an houeshold income in my wife's I-864 form, does it still make sense to submit my paystubs, letter of employment from my employer?

My thanks in advance.
--Karthik
 
1. I believe this is correct. Anyway, if you have a joint sponsor, inclusion or exclusion of your income will be of no consequence. I'm sure you know that your wife has to fill out an I-864 even with zero income because she's always considered your sponsor.

2. I don't think so, since you'll have a joint sponsor. I guess it's the reality of things that you'll have no income starting in August so not much you can do about it. (If you have saved up significant assets, then you can include those as well. Nothing required about you continuing employment etc. if you include your assets.)

3. No. I never submitted anything about my employment (my wife qualified on her own). Well - we submitted our joint taxes which had my income and W-2 with it. I don't think it'll matter what your current employment is if you're not planning to be employed starting in August.
 
OKAY, first thing, it is good that your father inlaw has agreed to co-sign for you guys.
Your wife has to find a job, even if it is part time as soon as possible, else it will be considered that you guys will be a burden to the system. so get her a prtime job and also show them you have the money to support your family from home, even though they are not going consider it very much, especially if you are going to grad school.
Otherwise, wait till you get your GC, and while waiting get u're wife atleast a partime job. she needs that very much, to strengthen your appliction.

also read the forum, in januray someone shared how he was denied GC based on the fact that, he worked fultime and supported the family but the wife had no job for the past one year and they did have a c0-sponsor too. they arguement was that the DO, said it sems like he is paying her to obtain his green card by her not having a steady source of income.
so good luck my friend.
 
You must log in or register to reply here.
Top