I-864 Support From Immigrant

[Sponge 0]

Hello,

My wife and I married in January, and I've been using this website since to figure all this paperwork out instead of paying thousands to a lawyer (even found the civil surgeon in NYC from here).

My wife and I have hit a bit of a snag, however, with the I-864 form. I lost my job in November (quit/fired), and my wife works part time at school for 20 hours.

She's always been here legally as a student (and still is). We've done everything legitimately, and live together.

Unfortunately, because she only works 20 hours, we do not meet the requirements. I know a joint sponsor is an option, but I would rather not inconvenience my best friend.

Her boss would readily give her 40 hours of work if she could work, so I was wondering if future income can be considered in any way? The moment she graduates, her boss wants to hire her full time. If she gets the employment authorization from the AOS, though, she could work full time (and yes, her boss agrees to this). We easily overcome the poverty line and then some with assets included.

Will USCIS consider this as acceptable? Or will I need a joint sponsor?

Thank you very much!

[Darnell 8,478]

USCIS evaluates this in REAL TIME - ie - on interview day at a local office.

If it ain't up to par on interview day, yer hosed.

IMO - get a co-sponser, and soonish.

Good Luck !

[Bobby+Umit 161]

To echo what Darnell stated, as per the 864 FAQ:

Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.

A job offer can be taken into consideration in determining the ability of the applicant to overcome ineligibility on public charge grounds, but it does not meet any requirement for presenting an I-864.

Edited March 19, 2010 by Bobby+Umit

[Sponge 0]

Thank you Darnell and Bobby+Umit for your prompt replies.

I was very disappointed to hear this, and right before talking with my best friend, I checked the poverty guidelines (seems 2009 ver is still in effect). Before, I downloaded a form that said the guideline for a household of 2 was $29,000-$30,000 (in between, don't know where I saw that before). Now, however, it's only $18,212 (125% of poverty). Is this correct? She makes $15000 and my assets from previous work easily cover 3x the difference!

Am I doing my math right, and am I reading everything right? Only my spouse and I live together, so it's 3x.

[Anh map 2,098]

Thank you Darnell and Bobby+Umit for your prompt replies.

I was very disappointed to hear this, and right before talking with my best friend, I checked the poverty guidelines (seems 2009 ver is still in effect). Before, I downloaded a form that said the guideline for a household of 2 was $29,000-$30,000 (in between, don't know where I saw that before). Now, however, it's only $18,212 (125% of poverty). Is this correct? She makes $15000 and my assets from previous work easily cover 3x the difference!

Am I doing my math right, and am I reading everything right? Only my spouse and I live together, so it's 3x.

$18,212 is the 2009 amount. 3 times the amount is the correct ratio.

2010 levels won't be much different due to the economy. That is why there is a delay in establishing the numbers.

FAQ for the I-864 from the State Dept. website >>> http://travel.state.gov/visa/immigrants/info/info_3183.html