Need help on complicated situation about I-864 Affidavit of Support

S

sunbaenim

Registered Users (C)
Hi y'all, I just got married to a USC, and we're applying to AOS. However, he was unemployed in 2012. But his parents and sister are willing to be our co-sponsors. The following are my worries

1) 125% poverty line in 2013 is $39,487 for household of 6 members. His parents and sister's income in 2012 was about $40,000. Would this be a concern to us? I know it is just barely enough.

2) I have some income in 2012 ($4,000). If my income was added, we would be on a safer side. Can I file a Affidavit of Support to support myself?

Thank you very much.
 
No matter your income, you can't file an Affidavit of Support to support yourself. However your income may be added to the sponsor's income, if your income meets certain conditions. If your income qualifies, your income would be listed on question 24(b) of the I-864.

Your income has to still exist, and if it's from a job it must be from legally authorized employment in the US, and must be expected to continue after you get the green card. Does your job meet those criteria? If not, you can't add your income.

Note that your USC spouse must file I-864, even if his income is zero. Then others would file another I-864 (or I-864A if they meet the criteria to be "household members" as explained in the I-864A instructions).

Is your USC spouse currently employed?

Do you or your spouse or your potential joint sponsors have assets like money in the bank or stocks? For marriage to a USC, every $3 of assets counts offsets $1 of income, so if they had $120,000 no income would be necessary.
 
since i am working legally on campus at which I have my I-20. so if i had my green card, I would be able to work there.

my husband is still unemployed.

my parents have a house for some other people to rent. Would that count?
 
sunbaenim said:
my parents have a house for some other people to rent. Would that count?
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If they are US citizens or permanent residents, they can be joint sponsors and count the net equity in the house (i.e. appraised value minus what they owe). But their income+assets must be enough without combining with your spouse's parents.

His parents and sister's income in 2012 was about $40,000.
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Does his sister live with his parents, or is his sister a dependent on his parents' tax return or vice versa? Those factors affect whether they can combine income for the purpose of the Affidavit of Support.
 
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