Can unemployed sponsor I-864

C

catnat

New Member
I want to start by thanking everyone on this forum for sharing their experiences and questions.

I was hoping to be a july filer, but my husband lost his job and I do not know whether he can sponsor me being that he is now unemployed. Last year he did meet the income requirements. On the uscis.gov website it states that I need to provide proof of current employment...which we do not have for him at this time.

I am working (on OPT right now) and I am making enough to meet th income requirements and then some. Can I use my income and letter from my employer on which the employer will state that I will continue working from them after I become LPR?

If I do use my income, my husband would still have to fill in the I-864 and check the unemployed box, but do I have to fill in a separate I-864 with my income and place of employment, or using the I-864 filled out by my husband would be enough and I would just attach my employment letter and ask the IO to consider my income when analyzing the I-864?

Has anyone been in this situation where the sponsor is unemployed (he is american citizen).


Can I follow the route described above (need help on that also), or should I just wait till he finds employment and then file? I would like to file ASAP since I haven't been back home for more than 6 years now and I have never been out of status. We also have a daughter together (she is 5 months now).
 
Yes

Yes you can file even if the US Citizen sponsor is unemployed and your income is good enough.
I recently filed my GC based on my USC wife who is unemployed currently.
But my income is more than required by the USCIS as a family income.
I provided all my recent pay stubs and previous year joint tax returns with my wife as a proof of her previous employment.
You don't need to file a separate I-864 form from yourself. It will still come from your spouse as a sponsor.
 
Thanks. It may sound stupid, but what income will we put on the form? Mine alone from this year (it is much higher than last year's, since last year I was only allowed to work part time for 4 months), his from our joint tax return for 2007, or our combined from the 2007 tax return? I will attach my pay stubs, letter from employer stating I will continue working for them after I become LPR, copy of my current employment authorization, copy of my I-20. We have the IRS transcripts for 07, 06, 05. Do we still need to submit W2s...(the instructions say we need not...I just do not want to get it wrong). It really does not hurt us to attach them, just to be on the safe side and avoid an RFE. What do you'all think?


Thanks again
 
I'm in a similar situation. I am currently unemployed and filed for my husband's AOS in April 2008. Since then I have gotten two RFEs (request for initial evidence). I had incorrectly filled out the I-864 where erroneously I stated that my father is a household member. We sent in another I-864 (in response to the first RFE) filled out by my father as a joint sponsor because USCIS asked us to obtain a joint sponsor. Then we got a second RFE stating that my mum should fill out an I-864A because she is a household member. It doesn't make any sense because my mum doesn't work, she never has. She has 0 income. I don't know why they would make such a request.

Oh another thing, they never looked at my husband's income who is a PhD. student making around $20,000 (greater than 125% of poverty line for a household size of 2) or they would have never asked us to get a joint sponsor. According to the law, my husband's income should have been counted. If they had counted my husband's income, I wouldn't have to obtain a joint sponsor. This whole process is very confusing. Sorry for all that typing, but just wanted to share my experience.
 
What I think it happened

You stated that your father is a household member so that your household size would increase to 3(mom, dad, and immigrant). Your father had to prove having income for 3 by himself. Now here comes your mom. Her father and her filed a joint tax return. That makes her a dependent also.

Anyway, because you used your father and he also has a wife, your household size would increase to 3. Your father would have to proove he makes enough money for 3. They asked your mom to sign I864A because they assume your dad used his and your mom's combined income to sponsor the immigrant.

Does it all make sense.
From what I understand, the joint sponsor has to demonstrate enough income to support his family plus the immigrant they are sponsoring.

It is just my opinion so do not take it 100% accurate.

In my case I will just have my hubby sign I864 and I would state the combined income as it shows on last year's tax return. I will also include all the proof from my work. In the cover letter we will explain that since my hubby is unemployed, I would appreciate if they considered my income as verified by my employer. I am making enough to support more that 7, and we are only 4 with the kids.
 
i have a situation here. I'm helping my friend to file her paper through marriage as she doesn't have money for a lawyer.
1. her husband is a USC(naturalized) he is currently unemployed for 3 weeks now but his income is 18700 for this current year(he is actively looking for a job). That's a little bit more than the minimum for 2.Can he sponsor her/ or he has to be employed?
2. She is working illegally(no work authorization but paying taxes ) and on 2008 tax form(filed jointly)their income is 30000. Can this be used?
Thank You
 
This seems to be an older thread, but I would love some support on a question I have regarding the I-864 as an unemployed sponsor.

Having recently graduated from college, I have had a few different jobs as a temporary worker and am currently looking for full time employment, and my fiancé and I are intending to start the K-1 application process soon. If I am still unemployed when it comes time to start the AOS process and one of my parents is a joint sponsor, will their income be sufficient for approval? My parents’ income is well over enough for a household of 4 (which would include my husband), but I am concerned that my unemployed/never fully employed status could prevent the I-864 from being approved.

Any insight would be greatly appreciated!
 
SaraRivers said:
This seems to be an older thread, but I would love some support on a question I have regarding the I-864 as an unemployed sponsor.

Having recently graduated from college, I have had a few different jobs as a temporary worker and am currently looking for full time employment, and my fiancé and I are intending to start the K-1 application process soon. If I am still unemployed when it comes time to start the AOS process and one of my parents is a joint sponsor, will their income be sufficient for approval? My parents’ income is well over enough for a household of 4 (which would include my husband), but I am concerned that my unemployed/never fully employed status could prevent the I-864 from being approved.

Any insight would be greatly appreciated!
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When it comes to AOS's I-864, there should be no problems if your parent is a joint sponsor. However, you also need an I-134 to get through the K-1 stage, and they may or may not accept a "joint sponsor" for that as I-134 is not legally binding.
 
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