i-864 question line 23...we have until friday to send our AOS! :((((

[gene and mai 0]

hi. i just wanted to ask, in the I-864 form, if the sponsor is unemployed since march 31, 2010, what will he write on the current annual income question? and as i have read in some threads, unemployment benefits are counted as income (although i know it is a temporary income and should not rely on it). does it mean you can include the unemployment checks you get every week in the affidavit of support? is it advisable to do that or will it be a problem? please help guys we have until friday to send our AOS!

[VanessaTony 3,567]

hi. i just wanted to ask, in the I-864 form, if the sponsor is unemployed since march 31, 2010, what will he write on the current annual income question? and as i have read in some threads, unemployment benefits are counted as income (although i know it is a temporary income and should not rely on it). does it mean you can include the unemployment checks you get every week in the affidavit of support? is it advisable to do that or will it be a problem? please help guys we have until friday to send our AOS!

Why do you have until Friday? there is no deadline for filing AOS....

[gene and mai 0]

Why do you have until Friday? there is no deadline for filing AOS....

there's none? i thought you had to submit your AOS before your K-1 visa expires...

[Young Love 5]

there's none? i thought you had to submit your AOS before your K-1 visa expires...

Nope, some people wait months after it expires. Relax, take your time, and triple check everything

[VanessaTony 3,567]

there's none? i thought you had to submit your AOS before your K-1 visa expires...

Nope. First, your K1 visa expired the minute your entered the US. The status is now based on the I-94. You had 90 days (as it says on the I-94) to get married. As I said there is no AOS deadline. in fact read MY timeline and you will see that I applied 4-ish months after my I-94 expired. Doing it ASAP is the best idea so you're not out of status for long (that's what it's called once the I-94 expires) but it doesn't mean you CAN'T apply for AOS once the 90 days are up. I waited because we were moving and moving during AOS processing is risky business.

As for your original question, I don't know the answer so hopefully someone else can help you out but mainly, don't panic. no deadline.

[gene and mai 0]

thanks for all the help guys!

[HeatDeath 430]

hi. i just wanted to ask, in the I-864 form, if the sponsor is unemployed since march 31, 2010, what will he write on the current annual income question? and as i have read in some threads, unemployment benefits are counted as income (although i know it is a temporary income and should not rely on it). does it mean you can include the unemployment checks you get every week in the affidavit of support? is it advisable to do that or will it be a problem? please help guys we have until friday to send our AOS!

+1 to what V&T said. While it's considered ideal to get your AOS filed before the I-94 expires, it's not absolutely necessary. Better to take another week and make sure all of the AOS paperwork is carefully and correctly filled out then to rush it to meet some arbitrary date.

In answer to your question, I think his current annual income would be whatever he is getting in unemployment, multiplied out for a whole year. If other threads have said that unemployment benefits count as income, I see no reason to doubt that, though I don't know for sure myself.

Even though the benefits count as income, USCIS might not want to approve the I-864, simply because of the - as you put it - "temporary" nature of the income. If I were in your shoes, I would definitely try to get a cosponsor.

Don't worry though. I'm very sure they would deny you outrightly for this. What would probably happen is they would send you an RFE for inadequate levels of income on the I-864. Then you would have to get a cosponsor. At the very least you should have a potential cosponsor lined up in the wings if it proves necessary.

[HeatDeath 430]

- would NOT deny you outrightly, I mean.

[gene and mai 0]

- would NOT deny you outrightly, I mean.

thank you! we already submitted our AOS two months ago and included a cosponsor to make sure there will be no problems