I-864 Part 6. Sponsor's Income and Employment

[moishap]

Hello folks

I-864 Part 6. Sponsor's Income and Employment. Anyone can tel how critical is the sponsor's current employment status ? My USC husband is sponsoring my AOS and I am B2 holder. Husband is unemployed at this moment and looking. Both of us have real estate and I have some savings.

Will USCIS get hang up on the sponsor's unemployment status at the time of filing and reject our I-130/I-485 submission on employment/income status basis or they will be paying more attention to previous years income, projecting the earning capacity and checking the employment status at the time of the interview ?

Any real life story or experience and advice are greatly appreciated.

 

[Jackolantern]

Will USCIS get hang up on the sponsor's unemployment status at the time of filing and reject our I-130/I-485 submission on employment/income status...

Yes, they definitely will reject your application if he is unemployed, unless:

(1) you and he combined have enough assets to offset the income requirement, or
(2) you and he combined have enough passive income (e.g. pension, rental property, dividends, royalties), or
(3) you get a joint sponsor.

To use assets to offset the income requirement, for marriage to a US citizen every $3 of assets makes up for $1 of income. So for example if the income requirement for your household size is $25000, having $75000 would eliminate the need to have employment income.

Note for that real estate they'll only count the net amount after subtracting the loan balance, and they might not accept a valuation for the house you currently live in (because it's questionable whether you could and would sell it to meet the financial obligations if you're living in it).