I-864 sponsor is a student; problems?

[sudhany]

My boyfriend is a USC and I am on F1. We plan to get married soon and file to adjust my status. We were looking at the requirements for the affidavit of support, I-864, and it states that the USC petitioner must be employed and that the household income should be greater than 125% of the poverty level for 3 years. Since we have lived together for the past 2 years, I assume that I can be counted as a member of the petitioner's household. For 2005, our joint income for 2005 exceeds the 125%, and for 2003 and 2004, my boyfriend's income alone exceeds 125%. I can also show assets to the tune of about 70K from the sale of my house. So it does seem to me that we meet the income/asset requirements. The problem has to do with the fact that my boyfriend is now in law school: while he will be employed during the summers, he is certainly not going to be employed during the school year. I will be employed part-time in addition to finishing my dissertation. Is it enough to show that our joint income for each year, including 2006, will be over 125% of the poverty line? Or are we also required to show that the USC petitioner is employed? We could get his USC parents as joint sponsors, but are a little embarrassed about asking them, and would rather go it on our own. What happens if it is determined that the affidavit of support isn't good enough? Do we get an RFE or some other chance to add a joint sponsor? Or is the petition simply denied at the interview. Thanks in advance!

 

[a_usc]

You should be good to file your papers... because as you stated, the household income for 2005 exceeds 125%... At the time of your interview if your income (from your part time job) and your assets put together amount to more than 125%.. you should still be okay... even if your husband is a student and working part time. That shouldn't be too difficult to explain to the officer. However, a lot of people here (that includes me) prefer the safer route - ie get a joint sponsor, for that 'JUST IN CASE', because cases get denied if the filed Affidavit of Support (by sponsor or by sponsor and joint sponsor) does not meet the minimum income requirement.

Also about assets, as you might have already read:

If you want to use your assets, the assets of your household members or dependents, and/or the assets of the immigrant you are sponsoring to meet the minimum income requirement, you must provide evidence of assets with a cash value that equals at least five times the difference between your total household income and the minimum income requirement.

Someone else may chime in and correct me if I am wrong.

USC

 

[a_usc]

And yes... you no longer need tax returns for last three years... you need only the latest tax return for I-864. You can read about it here

 

[Anahit]

Since we have lived together for the past 2 years, I assume that I can be counted as a member of the petitioner's household.

FYI: I-864A states: "By signing this form, a household member who is not a sponsored immigrant, agrees to make his or her income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an affidavit of support."
So, I don't think you can sign I-864A, and make your income available for the sponsor. And, you don't need to do it since your husband alone meets the requirements.