I-864 (for I-130/I-485 AOS) and grad school stipend questions

Tretik

Registered Users (C)
Hi,

I am getting married in a week to a US citizen. My fiancee and I are compiling all the needed documents to submit. I am a little concerned about the I-864 requirements. Both of us are starting graduate school this summer (she is starting a PhD and I am starting dental school). She will have a stipend of $24,000 per year for the next 4 years. I am thinking it could be considered as income, because she will be working as a TA starting 2nd year. Besides, she is working now and has been working since September, 2009. I am working full-time right now too but will be leaving to start dental school in July.
1) First of all, what should she put under "my current annual income"?
2) Should she combine half a year of salary from the job that she is quitting to start grad school (she earned about 21k for half a year) with the half of the stipend?
3) After doing some searching on this forum, I found that stipends are not eligible for "income".. Is this true? If yes, could someone please post the source of this information?
4) If stipend cannot satisfy requirements for annual income, how will putting assets in the form affect the app? Does USCIS look seriously at assets at all?
5) I more than sure that I cannot use my loans as income, but could someone please confirm that?
6) Tax returns: she was a student and did not have to file a tax return for the year of 2007, do we need to write a separate explanation for that? Or can we just skip that completely, as only the most recent year tax return is required.

With all of this, would it be easier for us to just find a joint sponsor? Also, if my father-in-law becomes the joint sponsor, it will be 125% above poverty line for how many people? Me, himself and his wife (3)?


7) Also, outside of this discussion, I am an asylum applicant and my case is still pending.. Would that affect the I-130/I-485 process at all?
8) I have my Russian passport, which has expired in 2005 and I cannot renew it. My visa (B2) also expired back in 2004, however, I never went out of status because we applied for asylum as soon as we came in 2003 and have had status pending since then with legal right to stay in the country until decision is made. However, now I have to submit the copy of my passport, will my expired passport and visa affect anything?
9) Also, just to double-check, I don't have to submit copies of ALL passport pages, just the ones that have bio, visas and such things on them, right? I am assuming I need to provide translation of those pages. Do those translations have to be done by a licensed translator or could it be anyone with the fluent knowledge of English language?

Thanks a lot!
 
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So I tried to call USCIS today. Reached a rep. She told me that she doesn't have the information to answer my question of whether stipend counts as income on I-864...
Frustrating.
 
No, you can't use the grad school stipend towards the income requirements. USCIS wants to see ongoing income expected to continue indefinitely, not temporary income that is tied to school attendance or summer internships and the like.

4) If stipend cannot satisfy requirements for annual income, how will putting assets in the form affect the app? Does USCIS look seriously at assets at all?
Yes, they seriously look at assets if you list them. Every $5 of assets reduces the income requirement by $1.

9) Also, just to double-check, I don't have to submit copies of ALL passport pages, just the ones that have bio, visas and such things on them, right?
Correct. Only the pages with identifying information (picture, name, DOB, etc.) and US visas.
 
No, you can't use the grad school stipend towards the income requirements. USCIS wants to see ongoing income expected to continue indefinitely, not temporary income that is tied to school attendance or summer internships and the like.


Yes, they seriously look at assets if you list them. Every $5 of assets reduces the income requirement by $1.


Correct. Only the pages with identifying information (picture, name, DOB, etc.) and US visas.

Thanks a lot!
Could you please let me know of the source for "stipend-not-income" claim? It is very frustrating as I have been hearing different things from everyone.... The USCIS rep said that as long as it is income it will count. The lawyer that I consulted with said that as long as the stipend letter says "Income: ..." and as long as we explain everything thoroughly and outline the income situation for both of us, we should be good. And then the graduate students and my co-workers said that stipend is definitely an income and that we can get a a signed document from the Financial aid office at the university stating that stipend is an income. So just based off what everyone said, it seems like stipend is income if it is proven thoroughly with evidence.

Where did you hear that stipend cannot be counted as income? No income is a steady, indefinite income... you can get fired too, while stipend for my fiancee is definitely set for 4 years at least and it is not based on summer internships.

Thanks for the info!
 
The basic requirement is that the income should be expected to continue beyond the granting of the green card. As a result, they routinely reject people who are (for example) 1 year into a 2-year graduate program or the stipend letter only shows that it lasts one semester or one year (even if it is potentially extendable at the end of each semester/year). And the portion of the stipend that has to be used towards tuition cannot be used.

No income is a steady, indefinite income... you can get fired too,
True, but unlike other jobs it has the requirement of being in school, which usually ends in a predictable time frame in the near future. Remember the intent of the Affidavit or Support is to keep the immigrant off the welfare rolls for the years that it takes to accumulate 40 credits of Social Security or become a US citizen. A timeboxed income source like a stipend doesn't really fit that, although maybe the 4 year length of it may make it acceptable to USCIS.

while stipend for my fiancee is definitely set for 4 years at least and it is not based on summer internships.
But it is based on school attendance.

If the stipend is truly promised in writing to last 4 years, perhaps it can be used. But if I were you I would get a co-sponsor or use assets instead of taking the gamble of relying on the stipend.
 
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