how to handle 1-864 as a jobless student

[somethingelse 0]

Interview pending, students with no job, how to handle I-864, HELP!!!

Here is my scenario:

I got married with a US citizen the end of 2006 when I was an F-1 student. AOS was applied at the beginning of 2007. Recently I got the letter from USCIS asking for an interview. There is something called I-864 mentioned on the letter that I have to bring with us for the interview.

As you know, since I got my PhD degree at the end of 2007, I was staying at home preparing for some certification exam with no income at all. And also my wife is in nursing school now. Basically we are living on my saving (about 10K) and my wife’s student loan. Both of us have no job at present. The relationship between my wife and her parents (US citizen) is horrible and very tight and she doesn’t want to ask any help from them even though they have quite decent job and income. Yes, she was adopted and she told me she has been badly abused as a child. Anyway, she doesn’t want them to help us on form I-864.

So, there is no way that we can meet the 125% poverty line because both of us have no income at all. My parents in China would like to help us out. They have about 70K USD saving in their bank account. So, my question is: can they use my name to open an account in China and put their money into my account, and then I can use that money as my assets in China to meet the I-864 requirements?

Or do you have other suggestions?? Please help.

Do I have to finish I-864A?

Thanks in advance!!!

[youtube 0]

I hope you luck and I hope someone will provide you with an answer.

I think you might find an attorney pro bono or ask the university where you are at for legal advice.

I would think that since you are married, live in the US, and have provide some kind of evidence of future earnings, you may still be able to stay.

I don't think your parents money will help.

And I believe you have to fill in the I-864.

Good luck and take care, maybe some one at the website

www.candleforlove.com can also give you guidance.

[somethingelse 0]

Can anybody give me a confirmatory answer? thanks in advance.

[Chica Yeyé 41]

Interview pending, students with no job, how to handle I-864, HELP!!!

So, my question is: can they use my name to open an account in China and put their money into my account, and then I can use that money as my assets in China to meet the I-864 requirements?

Or do you have other suggestions?? Please help.

Do I have to finish I-864A?

Thanks in advance!!!

I think you would need to prove that you can convert that money into USD pronto, or have it in a US bank account. Otherwise, you will need a joint sponsor; who has to be a US citizen, who is also above the poverty line. I think finding a joint sponsor is the best way to go here.

good luck, L.

[motu 6]

Otherwise, you will need a joint sponsor; who has to be a US citizen, who is also above the poverty line. I think finding a joint sponsor is the best way to go here.

good luck, L.

I do not think the sponsor has to be a citizen - they can be a Permanent resident (either citizen or Permanent residents can be sponsors). So even if your/her relatives are out of the question - ask your friends and co-workers/co-students. One thing to keep in mind - even though I864 is legally binding, I haven't heard of too many people being sued for support payments by the Immigration/Homeland people. This may be because most beneficiaries do try and make it financially or there are very few defaulters and the US Immigration people are not very successful in prosecuting them or are reluctant to prosecute them. Good Luck

[Caladan 19]

You need to be at 125% of poverty level on the I-864. Usually, for a student, this entails finding a co-sponsor. Your wife will also have to fill out the I-864, and you can fill out the I-864A to count your assets. You could use the money that your parents have if it were in your name, but I believe the rule is five times the income requirement in assets. (So whatever 125% is for two people for this year, minus whatever income you and your wife have, times five in assets.)

What I don't know, which seems relevant, is whether your wife's student loans can count as income for the purposes of immigration. This I don't know the answer to (though your university international student center might), but it might be worth looking into. E.g., I'm on a fellowship this year, so I don't have a job per se in the usual sense, but since it's for living expenses, it was able to count for the I-864. I don't know whether a loan would be able to serve the same function, but it might.

[somethingelse 0]

thanks for all the comments. But I still didn't get any confirmed answer to my question. I know student loan can't be counted as income. But are they going to regard my assets of cash deposits in china bank system as proof for I-864. Both my wife and I are just student, we don't have any close connection here, so I don't think any people will do the joint-sponsor here for us.

any people can me an answer? thanks in advance.

[Canadia 0]

I think your only option is to find a joint sponsor !

Does she have a aunt or uncle or someone who could help?

Being a student sucks when you have no money!

[Chica Yeyé 41]

You will need a joint sponsor. Does she have friends at school? Someone who would be willing?

If you do not meet the poverty guidelines and have no joint sponsor who does, there will be a denial.

[rebeccajo 14]

Your wife must be your primary sponsor, even if she is jobless.

Savings and assets can count. Proof of those assets must be verified and verified in US Dollars.

Student loan income can indeed be used. You'd need an immigration attorney who has processed I864's with this type of income to guide you.

A sponsor must be a US Citizen or lawful permanent resident of the US.

Edited March 21, 2008 by rebeccajo

[somethingelse 0]

We don't have any well know friend here at all. My wife has been badly abused by her adopted parents. Life sucks here! If we can't find sponsor, we are going to go back to China where she was born. Actually it's a good thing, right!?

The only problem is we are going to get separated because she is still in school.. thanks for the response.

Your wife must be your primary sponsor, even if she is jobless.

Savings and assets can count. Proof of those assets must be verified and verified in US Dollars.

Student loan income can indeed be used. You'd need an immigration attorney who has processed I864's with this type of income to guide you.

A sponsor must be a US Citizen or lawful permanent resident of the US.

[youtube 0]

I don't think you will find a good answer because your situation is so unique.

Best to ask for legal help or contact the govt dept for your interview and ask. I think you need legal help and advice.

don't wait too long or you wont have time