I864 - affidavit of support, sponsor spouse has no income currently !

J

jason79

Registered Users (C)
Hello everyone,

I am currently on H-1B, and am getting paperwork ready to file for AOS through my USC spouse.

I had questions regarding the affidavit of support. My USC wife is currently not working so we will be entering $0 on her current income line on form I864, will that be a problem ?
She does have w2's and tax returns for the last 3 years though, and we will be submitting those with the form, also i will be adding my current income and tax returns as well. I am little concerned with this and am not sure if we will get an RFE or a rejection on the grounds that she currently does not have a job.

Has anyone of you been in a similar situation? Please advise...

thanks.
 
Assuming that:
- you do not have kids
- your current salary is enough to support you (125% of poverty line)
- you include yourself in Q21c as the "spouse"

than:
- in Q23 your wife should write "0" as current income
- in Q24a list "0"
- in Q24b you should put your information and salary
- check Q24e

You do need to include evidence that your income will continue from the current source AFTER obtaining lawful permanent resident status (letter from your employer that you will keep your job). You do not need to complete Form I-864A (again - assuming you do not have kids).

To make sure your situation looks good - if your WIFE has assets (checking/saving account, real estate, stocks, etc.) add them in part 7.

Good luck.

disclaimer: I am not a lawyer.
 
Hi,
thanks for the reply.
We currently do not have any kids, so our household size is 2.

- you include yourself in Q21c as the "spouse"
Click to expand...
The instructions say that no person should be counted twice. Since i am the principal immigrant, we are entering "1" in Q21a, and then "1" for my USC wife in Q21b, if i enter "1" in Q21c too, the household size becomes 3, so i should not be including myself in Q21c, right ?

Also,
To make sure your situation looks good - if your WIFE has assets (checking/saving account, real estate, stocks, etc.) add them in part 7.
Click to expand...
We currently have joint checking and savings account, should i add them in part 7 ?

Finally, would a letter from the company HR stating that i work for the current company(with X salary, and since X years) be good enough, or do i need a letter in a specific format ?

Please let me know.
thanks.
 
jason79 said:
Finally, would a letter from the company HR stating that i work for the current company(with X salary, and since X years) be good enough,
Click to expand...
Yes. You don't need the letter to promise that you will still be employed after the GC. Once you have the job letter showing your salary+position, USCIS will normally accept that it the job is going to continue, without the company having to promise it in writing. Unless there is something to indicate that it is a short-term job (e.g. summer internship).
 
Last edited by a moderator:
jason79 said:
The instructions say that no person should be counted twice. Since i am the principal immigrant, we are entering "1" in Q21a, and then "1" for my USC wife in Q21b, if i enter "1" in Q21c too, the household size becomes 3, so i should not be including myself in Q21c, right ?
Click to expand...

Sorry - you are right ; do not count yourself twice. so "0" in Q21c .

jason79 said:
We currently have joint checking and savings account, should i add them in part 7 ?
Click to expand...

You can , but I would say "depends on your salary" - if you are close to the 125% than and you have "nice" amounts in the checking/saving than yes; but if your salary is clearly higher than the 125% than you do not have to .
Remember that the value of a dollar in assets is only 20 cents , so only include it if it really helps.
 
Thanks so much for the replies, this helps make things more clear.
One last question - In addition to the letter from the employer,do i need to send a copy of my federal tax return for 2008 too ?

thanks.
 
Thanks all. I (USC) am going to petition for my spouse who is on a H1-B. Unfortunately, I got laid off recently and am in a similar situation as the OP.

I talked to a lawyer about this, and was advised it would be helpful for me to show liquid assets of 5 x 125% of the mandated poverty guideline. This is in addition to my wife's income which meets requirements. Looks like overkill, but I will do it since it cannot hurt.

abhiku said:
125% of what number? Is there baseline $$/annual to meet poverty line?
Click to expand...
Yes. Check out form i-684p on the USCIS website.
 
You must log in or register to reply here.
Top