I-864 Income Question

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sdevil98

Registered Users (C)
My wife who is a USC graduated from College last year and was not making enough money to be over the poverty guide lines. She does have a full time job right now and makes a lot more than the poverty line.
When she files the I-864, her W2 from last year would show that she was under the poverty line. She does intend to send an employement confirmation letter with her current pay rate and a recent pay stub to prove that she is making a lot more than the minimum now. Would that be enough or should we find a co-sponsor?
Also, if we do decide to play it safe and get a co-sponsor, can I (the immigrant) be the co-signer for my own immigration. I am currently on an H1B and have been making more then the minimum.
Thanks in advance.
 
Yes, you can include your income along with your wife's to qualify for the min requirement (125% of poverty line). Did you and your wife not file a joint tax return this year? If you did, then the joint income you stated on the tax return will be your household income which should qualify the requirement. You will need to file an I-864A (not I-864, cuz you are not a joint sponsor). Read the instructions in I-864 and I-864A - these talk about the eligibility of the intending immigrant using his/her income to qualify for the min requirement.

HTH, USC
 
No, we just got married this year so we haven't filed a joint tax return yet. I read the instructions for I-864A and was a bit confused about certain parts of it. Certain parts of I-864A make it seem like the immigrant can use his own income to get over the poverty line but certain parts of it make it sound like the immigrant can only use his own income if they are bringing kids or other members of the family with them. So I thought I'd post on this forum and confirm :)
 
sdevil98 said:
No, we just got married this year so we haven't filed a joint tax return yet. I read the instructions for I-864A and was a bit confused about certain parts of it. Certain parts of I-864A make it seem like the immigrant can use his own income to get over the poverty line but certain parts of it make it sound like the immigrant can only use his own income if they are bringing kids or other members of the family with them. So I thought I'd post on this forum and confirm :)
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Agreed! The instructions in I-864A are confusing when it comes to whether or not the immigrant should file an I-864A, but there is no doubt that the immigrant could use his/her income. Yes he/she can.

As for filing the I-864A is concerned, my interpretation of the instuctions was that the immigrant doesn't have to file I-864A unless he/she is bringing some family, but when discussed on this forum, people strongly suggest that if the immigrant is using his/her income, he/she must file the I-864A (better to file than to get an RFE). Good Luck.
 
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