I- 864 question

[shakysgirl 1]

We are getting ready to send out our AOS packet (finally) and I have a few questions about the financial info I am hoping someone can answer. I currently make well above the 125% poverty limit, but because I lived in the UK with my husband for a year, my 2005 taxes are about $4000. I am assuming as my taxes don't reflect the poverty limit, I will need a co- sponsor even though my current salary reflects the amount? My husband is currently working- can we just use his income? He has only just started working though due to waiting ages for the social security number. If we use his income, will a letter from his employer stating his salary be enough? Or should I just forget it and have my parents co- sponsor him (again- they also co- sponsored the K-3) and be done with it? I just want this last bit to go as smooth as possible and can't cope with an RFE!!!!

Thanks for the input in advance.

[ian12312 0]

We were in the exact same situation as you. We had been living in the UK for around a year so my wifes earnings in the US were not enough. She came back and got a job paying higher than the 125%

Firstly, your husbands own income can not be used...he cant sponsor himself. The idea is to show that he wont become a public charge if he loses his job for example.

As for a co-sponsor it is debated if it is needed or not. Some times if you can show that you are earning enough now and have good reasons for not having done so on previous returns then you MAY be ok.

As this is such a hard thing to say for sure we decided that we would be safe and go with a co-sponsor. If at the interview stage they deem that a co-sponsor is not necessary they wont be used

[rebeccajo 14]

I would file with a cover letter pointing out your current earnings and the reason they were below the limit last year.

I would include a co-sponsor packet, pointing out in my cover letter that you have included this person in case your personal affidavit is deemed insufficient.

IF you are interviewed after your husband has been in the US AND living with you 6 months, you CAN count his income. It's not self-sponsorship. If this happens, I would go to the interview with a new affidavit including his income and all the supporting documents.

I think either way your co-sponsor will not be needed. But I would have one just in case. My co-sponsor's packet was handed back to me at the interview with the words 'we won't be needing this'.

Edited June 19, 2006 by rebeccajo

[shakysgirl 1]

Thanks for the replies. My husband has been here already for 4 months and living with me of course, so by the time the interview comes around he will be here for much longer than 6 months. Does he fill out an I- 864 himself as well? I think to be safe I'll fill out the co- sponsor information just in case as well.

Can't wait to be done with this!

[rebeccajo 14]

..... Does he fill out an I- 864 himself as well?.....

Can't wait to be done with this!

No. You would fill out a new one with you as the sponsor and put his wages in as additional household income. But that's for later at the interiew...for the new affidavit you would take with you that day. For right now you can only fill out an affidavit with your earnings.

I know how you feel....look at my timeline below and you'll see why.....

Still no green card.

Edited June 19, 2006 by rebeccajo