how to include intending immigrant's income on I-864

[Jahan&Veena 4]

Hi all!

I have a question and have been searching for the answer on uscis.gov and VJ. I have tried the Guides and searched thru the forums but cant find the answer to my specific question. So here it is:

We will be starting the AOS procedure very soon. My income (the USC) is just above the poverty line so we would definitely want to include my partner's income (the intending immigrant) too on the I-864, specially when they have eliminted the requirement of being in the same household for 6 months.

The problem is, how do we include his income on the I-864 when it will already be sent to USCIS with the AOS application? Ofcourse he cant get a job before getting the EAD and that will come AFTER the AOS application is sent. I hope the question is clear enough

The best way around this that I can think of is, when he gets a job (after getting the EAD), we just fill in an updated I-864 with a cover letter explaining that our financial situation has changed and send it to the USCIS. Is there a better way?? We will be going thru USCIS's Charlotte local office which is very fast in processing EADs so hopefully he will have a job before we are called for interview.

All help is much appreciated. Thanks!!

Christine

[raymaga 25]

If your income in above the povery guidelines, why would you not just use yourself on the I-864?

[Jahan&Veena 4]

just to be on the safe side since my income is almost on the edge...

[raymaga 25]

Your husband cannot work until either he has his GC or his EAD approved. But, you can't apply for the EAD without applying for AOS at the same time, so he won't be working at the time you send in your AOS application. In other words, he won't have any income to report when you send in the AOS application.

As long as your income meets the poverty guidelines, you will be fine. If you are less than the poverty guidelines, you will require a co-sponsor.

[Jahan&Veena 4]

thats the point...they definitely say that the income of the intending immigrant can be included and this is understood that the intending immigrnt will not have an income before the EAD is issued...there has to be some way atound this...i hope.

[ian12312 0]

It is very clear in stating that the intending immigrants income may be used if they will be in the same job before and after the AOS application.

Please remember that the I-864 form is not only used for those adjusting from K-1. For example someone who was here on a 3 year work permit meets an American and marries them and files for AOS. In this case the person would already be work authorized so this situation very much applies to them.

If you meet the poverty guidelines (even by $1) then send it as it is. If by the stage of the interview the intending immigrant is working then fill out a new I-864 and take it to the interview with you.

At this stage if you are concerned that your income will be rejected the only thing you can do is get a co-sponsor

[meauxna 15]

Very sensible post, ian12312---thank you!

[Jahan&Veena 4]

Thanks ian12312, ur info is really helpful. I think that is what we may do then...fill in another I-864 and take with us on the interview.

Many thanks for all replies!