questions about affidavit support (I-864) form

[mnsen]

Hello,

I'm a applying for adjustment of status ( I-130 and I-485, I-864, I-765). I have been married to a US citizen since 7 years and live together in the US with a one year old son . I have been working as a full time on H-1B visa progressively for 5 years . I have the following question about affidavit support (I-864) form: (I-864) form requires that the the petitioner (my wife ) to show sufficient proof to financially support the petitioner (me) . My wife doesn't have any income. I am ( the intending immigrant ) the only who works and my job salary is the only source of income. So my questions are:


1. According to I-864, any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of working in the U.S. does not to fill I-864. So do I qualify for exempt of filling the I-485 based on the following facts: 5 years of full time employment and another 2 years of part time job as a graduate students (teaching assistant).

2. Can my income which meet the poverty guidelines be used to help her meet the income requirements ( not to forget that I am on H-1B visa and my contract is renewed annually)?

Thank you and I appreciate your help.
mnsen

 

[Jackolantern]

1. No, that's not enough to be exempt from the I-864; you need 10 calendar years to earn 40 credits. Not necessarily 10 full years, just 10 calendar years where you earned at least approx. $4000 in each year and paid Social Security taxes on that income. You don't have 10 years, and your 2 years as a graduate assistant wouldn't count if it was in F-1 status, because F-1 students don't pay into Social Security.

2. Yes you probably can use your income since it is from a legal US job. But if your contract expires soon you'll need an offer of renewal.

You can also use assets instead of, or in addition to income to meet the requirements of the I-864. For marriage to a US citizen, every $3 of assets makes up for $1 of income. So if $22000 is the required income for your household size, having $66000 (both of your assets combined) would enable you to qualify regardless of your income.

Did your spouse just recently become a US citizen? If not, what prevented you from applying for a marriage-based green card all these years?

 

[mnsen]

2. Yes you probably can use your income since it is from a legal US job. But if your contract expires soon you'll need an offer of renewal.

Thank you for your response,

My contract will expire and I will get an offer of renewal but it will be only for a year as it is annual contract.
The form instructions show that the "If the intending immigrant's income is used, proof that his/her income will continue from the same source."

Thanks again