question about my I-864 form

[ett]

I am a F1 girl who married to USC husband. We just got married in the end of this March. I got my Ph.D. in Dec2006 and my OPT start from March 1st 2007 but I am still looking for a job now. I wanna apply for green card, but have a big problem with I-864 form now.
My husband went to med-school right after graduating from college, he has used student loan since college, in other word, he never had any income yet.
Right now he is in the third year med-school, so he would not start his residency until next summer. In that case, he could not be my sponsor until that time. His parents are unemployed now, so they could not help to be co-sponsor either((
For this kinda of situation, I am wondering whether it is possible to apply for green card now? Or I just can not apply until the time I find a job or he went to the residency next year?
Thank you very much!

 

[PraetorianXI]

Is anyone else in the family (brother, sisters, etc) able to co-sponsor you? do you have an EAD? because when I filed my I-864 they talk about household income and based on that (compared to the poverty guidelines) they would make a ruling.

So if you get a job? he gets a part time job? and someone else in the family co-sponsors.

I don't see why not file now.

 

[ett]

He is the oldest son, all his siblings are still in school. His family is living on government help now.
I have an EAD, starting from March 1st valid for one year.
He is so busy and stressed out in med-school, there is no way to do a part time job at the same time.
So whether all these mean that I could not apply now unless I got a job and have the income above that poverty line?

Is anyone else in the family (brother, sisters, etc) able to co-sponsor you? do you have an EAD? because when I filed my I-864 they talk about household income and based on that (compared to the poverty guidelines) they would make a ruling.

So if you get a job? he gets a part time job? and someone else in the family co-sponsors.

I don't see why not file now.

 

[EspoMan]

You can either get a job, or find a friend, relative, anyone who has the income. I wouldn't think it's that hard IMO. My wife doesn't work (full time student) so I used a buddy of mine for my I-864. Don't you have a friend that can help you?

 

[PraetorianXI]

Hmmm, well. If you can get a job that pays over $ 17,112 a year for your household of 2 (I am assuming that is the case)? I would go ahead and file a few months after getting this job. Attaching a letter from my employer.

I am guess you do not pay federal income tax either?
The figure up there comes from the I-864P (Poverty Guidelines)

 

[ett]

Thank you guy!!!
I had my teaching assistantship and research assistantship as my income during my Ph.D. study and I did file tax form each year. My income before was higher than that poverty line, but now I am still in job hunting.
Most of his close friends are still students with student loan as well, so it is kinda hard to find other friends for the sponsorship.
So I guess I can not file it unless I get a job.
But I heard that I can not file for the sponsorship before the first 6 months our marriage even I could get my income higher than that poverty line, is that true?

 

[PraetorianXI]

But I heard that I can not file for the sponsorship before the first 6 months our marriage even I could get my income higher than that poverty line, is that true?

Where did you hear that?

My wife filed for me in less than a month of us being married, our immigration lawyer friend (is good to have one) told us that would present no problem.

 

[ett]

Oh, I heard from another forum.
Anyway, it is great to know that it is not true. Thanks a lot. I wish I could have a lawyer friend

I found this in the I-864 instruction:

"What if I cannot meet the income requirements?
If your income alone is not sufficient to meet the requirment for your houshold size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:
.............
---Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence.......
---The value of your assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant.
........"

I wonder whether that means I could be counted into the calculation requirement if my saving is higher than the poverty line even before I get a job?

Where did you hear that?

My wife filed for me in less than a month of us being married, our immigration lawyer friend (is good to have one) told us that would present no problem.