Help with Affadavit of Support

S

stumblin

Registered Users (C)
Hi all.

I am currently a resident alien with an L1 visa. I am married to a US citizen, and I have a daughter on the way. Of course, I'd like to stay in the US past my L1 expiration ;)

Here's the kicker - my spouse has had to leave her job due to the pregnancy (long story), and hence cannot support me. I am more than capable of supporting both of us, however. So the question is - can we take my income into account when filing the I864/I864A? It only talks about assets of the immigrant, not salary :(

I've not worked a full 40 quarters yet, so I cannot get the requirement waived. I don't want to be sponsored by my company, as then I need to sign a "buy-out" clause that is draconian to say the least.

Anyway, I hope someone can help!

Thanks in advance.
 
i think there is a form that you can use to include income of the person being sponsored, and there are forms for household members income, i think either one of them will work....the only thing is you have to have been in the USA for at least 6 months in order for your income to be included..... check out uscis.gov i am sure they have more details.... i read this about a year ago, so i dont remember all the details, but i am sure your income can be included.... i hope someone else would know more to answer your question. good luck.
 
greencardmaze said:
i think there is a form that you can use to include income of the person being sponsored, and there are forms for household members income, i think either one of them will work....the only thing is you have to have been in the USA for at least 6 months in order for your income to be included..... check out uscis.gov i am sure they have more details.... i read this about a year ago, so i dont remember all the details, but i am sure your income can be included.... i hope someone else would know more to answer your question. good luck.
Click to expand...

Thanks for the help GCM, I'll look into it closer, perhaps I missed something. Man, they certainly don't make this easy, do they?
 
stumblin said:
Hi all.

I am currently a resident alien with an L1 visa. I am married to a US citizen, and I have a daughter on the way. Of course, I'd like to stay in the US past my L1 expiration ;)

Here's the kicker - my spouse has had to leave her job due to the pregnancy (long story), and hence cannot support me. I am more than capable of supporting both of us, however. So the question is - can we take my income into account when filing the I864/I864A? It only talks about assets of the immigrant, not salary :(

I've not worked a full 40 quarters yet, so I cannot get the requirement waived. I don't want to be sponsored by my company, as then I need to sign a "buy-out" clause that is draconian to say the least.

Anyway, I hope someone can help!

Thanks in advance.
Click to expand...

Just a thought: If you file a "married filing jointly" income tax return, it wouldn't be enough proof that your household income is qualifying for your sponsorship?
 
Stumblin, when you fill out the I-864A, you need to submit copies of your income tax/W2 etc. also. So even though you can't fill out an I-864 not being a LPR or USC, you can use your salary for affidavit of support.
 
Suzy977 said:
Just a thought: If you file a "married filing jointly" income tax return, it wouldn't be enough proof that your household income is qualifying for your sponsorship?
Click to expand...

We only recently married, so we have yet to file jointly, unfortunately. My L1 expires in August of 2007, so we can't wait until we first file jointly to apply for the GC.
 
sgsnathan said:
Stumblin, when you fill out the I-864A, you need to submit copies of your income tax/W2 etc. also. So even though you can't fill out an I-864 not being a LPR or USC, you can use your salary for affidavit of support.
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Excellent, so I just have to fill out an I864A, yes? I wasn't sure if I could do that, I thought it was just for co-sponsors, and that I couldn't do that myself.
 
I'm in a similar situation.
My USC wife is a student, therefore she has minimal income and she's currently unemployed (being a full-time law school student).

I'm on H1-B and my income would be very well above the 125% requirement.

I filed I-864A and I attached letter from my employer plus last two paystubs.

However, USCIS clearly states that the sponsor (USC) must submit proof of employment and that he/she must be employed.

That's why we decided to get my father-in-law as a joint sponsor. To be safe.
I'd recommend you to do the same, if you can.
 
sarrebal said:
I'm in a similar situation.
My USC wife is a student, therefore she has minimal income and she's currently unemployed (being a full-time law school student).

I'm on H1-B and my income would be very well above the 125% requirement.

I filed I-864A and I attached letter from my employer plus last two paystubs.

However, USCIS clearly states that the sponsor (USC) must submit proof of employment and that he/she must be employed.

That's why we decided to get my father-in-law as a joint sponsor. To be safe.
I'd recommend you to do the same, if you can.
Click to expand...


Hmmm, unfortunately my father in law is retired, so it would require him to put up his house/pension. I'd really rather not ask him to do that!
 
From what I understand - the USC doesn't necessary have to be employed. As long as the household income (your's plus hers) meets the 125% income criteria - you're good. You will need to file an I-864A and your wife an I-864, both of which require notarization.

Good Luck
 
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