Concerns about financial support

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bellalondon

Registered Users (C)
I have a question regarding family-based green cards and financial support.

I am currently on an F1 student visa. I graduated with my M.A. and am currently on my OPT. My visa expires in December.

My boyfriend, a U.S. Citizen, and I have been together for six years and plan to marry this July, and then file for my Green Card application.

I have been through the USCIS website and looked over all the documents we will need to file for my application. However, my only concern throughout the entire application is the affidavit of support.

As of right now, my boyfriend is a full-time law school student, and he does not have any income (besides student loans). I am working full-time through my OPT (with a valid EAD). After doing some research, I have learned that my boyfriend would need to have an income of $18,213 in order to demonstrate that he can support me through the Green Card application process.

My question is whether my boyfriend needs to display an actual source of income, or if our personal (combined) assets, such as having the funds in our joint-savings account, would suffice?

Our options to have a sponsor are limited.

Also, we lived together for five years before he moved out to attend law school in a city several hours away. Will this impact my green card application process?

I appreciate any insight that you can offer me.

Thank you.
 
What do you mean by "display" the source of income? If your bf works he must attach tax for last year, latest paystubs and a letter from the current employer. If he (you both) have any assets (such as retirement, bank, account, house, extra car) you can use them too, but you must attach the prove for each AND you have to divide the amount by 3. You CAN be your own co-sponsor as well - as said you'll need to attach your tax return, paystubs and letter from school that you work (legally).
 
kittenKat said:
What do you mean by "display" the source of income? If your bf works he must attach tax for last year, latest paystubs and a letter from the current employer. If he (you both) have any assets (such as retirement, bank, account, house, extra car) you can use them too, but you must attach the prove for each AND you have to divide the amount by 3. You CAN be your own co-sponsor as well - as said you'll need to attach your tax return, paystubs and letter from school that you work (legally).
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By displaying, I mean showing proof of income, for example, submitting our bank account statements.

As I said in my post, my boyfriend does not work, he is a full-time student.

I did not know that I could be a co-sponsor for my application. Is there is anything I need to do differently? Do I fill out the regular co-sponsor application?

I have my W-2, pay stubs and my EAD to demonstrate I am working legally.
 
bellalondon said:
By displaying, I mean showing proof of income, for example, submitting our bank account statements.

As I said in my post, my boyfriend does not work, he is a full-time student.

I did not know that I could be a co-sponsor for my application. Is there is anything I need to do differently? Do I fill out the regular co-sponsor application?

I have my W-2, pay stubs and my EAD to demonstrate I am working legally.
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Yeah, both of you have to show prove for any income. Otherwise you'll get RFE on early stage. I believe if you co-sponsor yourself you have to fill co-sponsor application (hope people with more experience will give more details). I was full-time student too at some point in life, but I was getting paychecks (as teaching assistant). Does he has any assets? Would be nice to add those too. And frankly I'd write a short letter explaining that he's a full-time student, so at the moment you are the source of income in family.

I know number of people (different forum) who made more (if not everything :) ) than USC half and they got approved without problems.
 
kittenKat said:
Yeah, both of you have to show prove for any income. Otherwise you'll get RFE on early stage. I believe if you co-sponsor yourself you have to fill co-sponsor application (hope people with more experience will give more details). I was full-time student too at some point in life, but I was getting paychecks (as teaching assistant). Does he has any assets? Would be nice to add those too. And frankly I'd write a short letter explaining that he's a full-time student, so at the moment you are the source of income in family.

I know number of people (different forum) who made more (if not everything :) ) than USC half and they got approved without problems.
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We have a good amount of money in our joint savings account, but not enough to meet the $18,000 requirement (125% of poverty level).

He does not have any assets independently.

Would I include the letter about my spouse being a full-time student when I submit the affidavit of financial support document and my co-sponsor letter?
 
I dont think you have to prove any kind of income from your sponsors because you do not need any SPONSORS in order to obtain any kind of visa since you are ALREADY in the USA (neither you or your husband would be asked to provide any proof of how much money you have on your respective single or joint accounts )!! ALL those documents are for the would be spouse (fiance ) who is COMING FROM OTHER COUNTRY TO THE USA IN ORDER TO GET MARRIED - Since you are already in the US ON VALID VISA AND WORKING (VALID EAD)all you have to do once you got maried is to go into procedure for the GC (2 YEARS CONDITIONAL) -proof OF INCOME from your husband IS IRELEVANT for that - ( HE IS NOT REQUIRED TO SPONSOR YOU SINCE as I said YOU ALREADY WORKING IN THIS COUNTRY so its more then obvious that YOU CAN SUPPORT YOURSELF) after 2 years you have to applay for citizenship ;all you have to provide to USCIS is YOUR TAX RECORDS ;YOU MIXED UP TWO DIFFERENT IMMIGRANT CATEGORIES
 
bmx88 said:
Since you are already in the US ON VALID VISA AND WORKING (VALID EAD)all you have to do once you got maried is to go into procedure for the GC (2 YEARS CONDITIONAL) -proof OF INCOME from your husband IS IRELEVANT for that - ( HE IS NOT REQUIRED TO SPONSOR YOU SINCE as I said YOU ALREADY WORKING IN THIS COUNTRY so its more then obvious that YOU CAN SUPPORT YOURSELF
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Really??! Are you suggesting her not to file 864 at all? The husband is STILL #1 sponsor whether he makes enough or not. HE files I-130 for her - she can NOT do it herself. If she makes money OVER the poverty line then she can be own sponsor (and if she doesn't she'll NEED assets), but husband still must fill and sign Form 864 (according to instructions on Form 864)

"The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement. The list below identifies who must become sponsors by completing and signing a Form I-864.

Who Completes and Signs Form I-864?

The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan.

The U.S. citizen or permanent resident alien who filed anemployment-based immigrant visa petition (Form I-140) fora spouse, parent, son, daughter, or sibling who: (1) has asignificant ownership interest (five percent or more) in thebusiness which filed the employment-based immigrant visapetition; or (2) is related to the intending immigrant as aspouse, parent, son, daughter, or sibling. (that one is irrelevant though)"
 
bmx88 said:
I dont think you have to prove any kind of income from your sponsors because you do not need any SPONSORS in order to obtain any kind of visa since you are ALREADY in the USA (neither you or your husband would be asked to provide any proof of how much money you have on your respective single or joint accounts )!! ALL those documents are for the would be spouse (fiance ) who is COMING FROM OTHER COUNTRY TO THE USA IN ORDER TO GET MARRIED - Since you are already in the US ON VALID VISA AND WORKING (VALID EAD)all you have to do once you got maried is to go into procedure for the GC (2 YEARS CONDITIONAL) -proof OF INCOME from your husband IS IRELEVANT for that - ( HE IS NOT REQUIRED TO SPONSOR YOU SINCE as I said YOU ALREADY WORKING IN THIS COUNTRY so its more then obvious that YOU CAN SUPPORT YOURSELF) after 2 years you have to applay for citizenship ;all you have to provide to USCIS is YOUR TAX RECORDS ;YOU MIXED UP TWO DIFFERENT IMMIGRANT CATEGORIES
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I do have a valid EAD, however it expires in December as it is tied into my F1 student visa.

I have read many threads on this forum and elsewhere, where people were in similar situations as mine, and had to fill out the Affidavit of Support (even if their spouse was already residing in the U.S.), and if they did not meet the financial requirement, a sponsor was needed.

With all due respect, I came to this forum because I have done research but need answers to questions. I'm not any sort of expert on immigration law, so I expect I will confuse categories.
 
Thanks kittenKat for clarifying! After reading and researching for hours, I thought that sounded a little off, especially since the USC needs to provide proof that they can support their immigrant spouse.
 
bmx88, you really don't know what you are talking about.

bella, you should get a co-sponsor with sufficient income. The co-sponsor may be any US resident or citizen with sufficient income.
 
If you lived together and make more than 18000 on your OPT, that income could used for i-864 if you can show that that income will continue from the same source after AOS so you would need a letter from your employer saying something to the effect that they would keep you on after you AOS.

Another thing you could do is see if your employer could file H1B for you since this years quota is still open and there are thousands of visas still available that would buy you time until husband finishes law school and can then show an income.

Otherwise you are going to have to find a co sponser.
 
bellalondon said:
We have a good amount of money in our joint savings account, but not enough to meet the $18,000 requirement (125% of poverty level).
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If the assets are used to reduce the income requirement, the asset value must be divided by 5 when doing the calculation. So every $5000 in assets allows you dip another $1000 below the $18000 requirement.

If your job is expected to continue beyond the OPT expiration (if you got work authorization or a green card by then), you can use your income to meet the requirement.
 
Jackolantern said:
If the assets are used to reduce the income requirement, the asset value must be divided by 5 when doing the calculation. So every $5000 in assets allows you dip another $1000 below the $18000 requirement.

If your job is expected to continue beyond the OPT expiration (if you got work authorization or a green card by then), you can use your income to meet the requirement.
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Hi Jack -

I do expect to my job to continue past the OPT expiration and really do hope to use my income to meet the requirement.

To the others who suggested I obtain a letter from my employer keeping me on after my adjustment in status:

What can I ask my boss to say in the letter? I am in Florida, which is an at-will state, so I don't want to force my boss into saying they will guarantee me a job, even though I'm 99% sure they will keep me on after my AOS.

Thanks for your input!
 
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Jackolantern said:
If your job is expected to continue beyond the OPT expiration (if you got work authorization or a green card by then), you can use your income to meet the requirement.
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The only problem with this is that they do not live together. The intending immigrant must currently live with you in your residence for their income to count.
 
AzBlk said:
The only problem with this is that they do not live together. The intending immigrant must currently live with you in your residence for their income to count.
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Will USCIS make any exceptions because my USC boyfriend is a student?
We have copies of leases where we lived together for 5 years before he moved to attend law school.
 
bellalondon said:
Will USCIS make any exceptions because my USC boyfriend is a student?
We have copies of leases where we lived together for 5 years before he moved to attend law school.
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I do not know if they will make an exception but you could argue that you live still live together if he is on the lease still pays rent and he comes home every weekend or something like that. You could argue that his college abode is just that a temporary place for him to stay until after school and that your place is his primary residence.
You might need to consult with an attorney on that question but the letter of the law is you must currently be living together in your residence for you to be able to use your income on i-864.
 
AzBlk said:
The only problem with this is that they do not live together. The intending immigrant must currently live with you in your residence for their income to count.
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Not necessarily. The I-864 instructions say "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."
 
bellalondon said:
To the others who suggested I obtain a letter from my employer keeping me on after my adjustment in status:

What can I ask my boss to say in the letter? I am in Florida, which is an at-will state, so I don't want to force my boss into saying they will guarantee me a job, even though I'm 99% sure they will keep me on after my AOS.
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Strictly speaking, job letters are not required, and the job letter does not have to specifically say that the income will continue beyond AOS. The fact that the employment is a lawful job within the US and you are still in the job at the AOS interview is normally sufficient if there is nothing to indicate the job will not continue (e.g. if the income is from a graduate fellowship that will end when your degree is granted, you couldn't use it). Send a letter saying you have been employed since x/xx/xxxx at salary $X and are still employed with them in the United States, and then bring recent paystubs to the interview, and you should be OK.
 
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Jackolantern said:
Not necessarily. The I-864 instructions say "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."
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I stand corrected. I guess the same residence is a requirement for relative other than a spouse
 
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