A short, yet complicated story dealing with I-864. Need your advice (please))

[sony123 0]

Hi everyone!

First of all thank you for looking at the post. I really appreciate it.

Short version:

Currently I (sponsor) don't make enough income. I will be starting in August though(I will have an income of 21k). We do not have a co sponsor. We are filing my husbands AOS and all the other necessary forms next week.

Question:

1)Would this negatively impact our application? And to what extent?

2) Would my husband be able to get his EAD?

3) What kind of documentation should we submit?

Thank you for your help.

Long version:

More Details:

-US/Canadian Duel Citizenship holder (21/F)

I'm a "to be" grad, receiving a stipend of 21, 000 yearly. The program starts in August (end). The problem is my acceptance is conditional based on completing some pre-req courses, I anticipate that my conditional offer will be finalized beginning of August.

I went to college 2006-2009, therefore no income.

I moved to the US, for 2009-2010 to complete an internship, I started- September of 2009 and it will be ending in July 2010. I received a monthly stipend of $800. I have W2 form in which has $3200 from September 09-December 2010.

I have no assets and we do not have a co-sponsor.

My husband and I (we married last week) are now filing for his AOS. He is currently on a OPT/F1, and his status will be expiring end of July.

Getting a co-sponsor is really not an option as this point for us, as we have kept are relationship on the DL. This is a little bit absurd, but in a nutshell, both of our families once upon a time were "close to each other", but money and greed intervened, and now are arch rivals. We are waiting for the right time to tell them....but primarily, when we moved to XX city for my internship, we didn't really cultivate any relationships with people that are "rich", most of our friends are in the same "student" boat.

Edited June 27, 2010 by sony123

[payxibka 10,047]

Hi everyone!

First of all thank you for looking at the post. I really appreciate it.

Short version:

Currently I (sponsor) don't make enough income. I will be starting in August though(I will have an income of 21k). We do not have a co sponsor. We are filing my husbands AOS and all the other necessary forms next week.

Question:

1)Would this negatively impact our application? And to what extent?

2) Would my husband be able to get his EAD?

3) What kind of documentation should we submit?

1) A sponsor who does not make enough money will not have the I-864 accepted. The will send you an RFE asking for a qualified sponsor

2) He will get his EAD as long as the EAD completes before the RFE on the I-485 is issued. If the EAD has not completed when the RFE on the I-485 stops all processing on any other interim benefits applied for (which the EAD is)

3) Do you have "proof" of the expected income to begin in August? An offer or something of that sort?

Edited June 27, 2010 by payxibka

[sony123 0]

3) Do you have "proof" of the expected income to begin in August? An offer or something of that sort?

Yes, I have proof of the expected income stated in the offer letter, sent by the director of the program.

Thank you for quickly replying Payxibka.

Edited June 27, 2010 by sony123