I864 - Affidavit of Support Question

[zulu1211 0]

As on I864 Instructions say If Spouse Doesn't qualify for 125% poverty guidelines Intending Immigrant can be joint sponsor

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Can the Intending Immigrant Help

Me Meet the Income Requirements?

If certain conditions are met, the intending immigrant's

income can help you meet the income requirement. If the

intending immigrant is your spouse, his or her income can be

included if it will continue from the same source after he or

she obtains lawful permanent resident status. If the intending

immigrant is another relative, there are two requirements.

First, the income must be continuing from the same source

after he or she obtains lawful permanent resident status, and

second, the intending immigrant must currently live with you

in your residence. Evidence must be provided to support both

requirement.

However, an intending immigrant whose income is being used

to meet the income requirement does not need to complete

Form I-864A, Contract Between Sponsor and Household

Member, unless the intending immigrant has a spouse and/or

children immigrating with him or her. In this instance, the

contract relates to support for the spouse and/or children

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Question :

1) As we are stuck with only this one to send to USCIS , Can anyone let us know Do we need to file 2 I864's ( One by me and One by my spouse ) ? Fillable boxes in I864 form talks about Information of Sponsor Only but doesn't talk about Joint Sponsor information to provide

2) Who will be prime Sponsor ? Myself ( who didn't made 13k last year ) or my spouse who make 50k

3) Also my Spouse is on H1B workvisa , he can be joint sponsor ?

Any Suggestions

[YuAndDan 153]

1) If intending immigrant works and you have filed Joint returns simply add the income to the I-864. This can be the case with Working Student, Work visas, K-3 with EAD card. Does not need two I-864 forms, perhaps an I-864A

2) Primary sponsor is always the petitioner, the person who filed the I-130 petition (US Citizen or resident)

3) Yes see 1 above. (Can use I-864A to add income)

Edited February 19, 2011 by YuAndDan

[amykathleen2005 441]

No need for a joint sponsor, you can just include your spouse as a household member on your primary sponsorship.

[Kathryn41 3,205]

moved from AOS from a family visa to AOS from Work, Student & Tourist Visa as OP is adjusting from a work visa

[JimVaPhuong 4,863]

Question :

1) As we are stuck with only this one to send to USCIS , Can anyone let us know Do we need to file 2 I864's ( One by me and One by my spouse ) ? Fillable boxes in I864 form talks about Information of Sponsor Only but doesn't talk about Joint Sponsor information to provide

2) Who will be prime Sponsor ? Myself ( who didn't made 13k last year ) or my spouse who make 50k

3) Also my Spouse is on H1B workvisa , he can be joint sponsor ?

Any Suggestions

I presume your spouse is the one who is immigrating and applying for a green card, correct?

Ok, YOU are the primary sponsor. You will be filling out the I-864 to sponsor your spouse. List your job and income in part 6, sections 22 and 23. Write the total from line 23 on on line 24a. Enter your spouse's name, relationship, and income in section 24b. Give your combined total income on line 24c. Check the box on line 24e and enter your spouse's name. Fill out the rest of the form as instructed. You need to provide evidence of both you and your spouse's income.

Your spouse is not a "joint sponsor". The immigrant can help the primary sponsor if they are a qualifying household member. No I-864A is required if the immigrant is helping as a qualifying household member.

[zulu1211 0]

Thanks All for Valuable Replies , Sorry I am bit confused with Yuan and Jim's answers as Yuan suggesting to file 864A and Jim suggesting not.Please let me explain a little bit more on my case.My Husband is on H1B Visa and we got married last month So We didn't filed Joint Tax Returns for last year but we been staying together for almost an year

I ( US Citizen ) and My Husband(Intending Immigrant on H1B Visa) will file ONE 864 and No Need for 864A ?? As I believe I864A is for Spouse who have dependents of his own and My Husband doesn't have any Dependents

Part6 of Line 24c in I864 form says

c. Total Household Income:

----------------------------------------------------------

Household Size =

(Name)

(Total all lines from 24a (List USCitizens Income) and 24b(Income from SPouse who is householdmemeber who is also Intending Immigrant)

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So I can use just My Income on 24a and My Husbands Income from last year on 24b and No Need to File any additional forms ?

Documents I am attaching with Our Combined I864 is

1)W2 from last 3 years of My Husband and W2 from last 2 years of Sponsor(Myself)2)

2)Paystubs from last few months of myself and Husband

3)Proof of the lease of apt that My Husband is Household member and also joint bankaccounts statements

4)Last not least,On I864 Instructions it said

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Proof that the intending immigrant's current employment will continue from the same source if his or her

income is being used

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Can a Letter from Employer saying that My Husband is currently working for that company is enough or is there any other letters he needs to be submitted for his future employment?

Thanks All in Advance

[Harpa Timsah 13,258]

You are reading it right. No I-864A needed for the reasons you and Jim outline above. Good luck.

[zulu1211 0]

Thanks Harpa , Any Suggestions on this one

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Can a Letter from Employer saying that My Husband is currently working for that company is enough or is there any other letters he needs to be submitted for his future employment?

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[Romancita 3]

Hi!

I replied to your question about your husband employment letter here http://www.visajourney.com/forums/topic/296467-all-set-to-send-forms-to-uscis-please-review/.

Hope this helps!

[Harpa Timsah 13,258]

Just have the employer say he is currently working full time in a permanent (not temp) position or whatever in his letter. USCIS just wants to know its not a contract job or something. I wouldn't worry too much Good luck.

[zulu1211 0]

Just have the employer say he is currently working full time in a permanent (not temp) position or whatever in his letter. USCIS just wants to know its not a contract job or something. I wouldn't worry too much Good luck.

Quick question on Line 25 ( I864 )

As My husband who is on H1B is also joint sponsor filling up I864 with me (Line 24(b))..Do I need to include just my (USC) tax income for tax years on line 25 and attach W2/tax returns of my husband or Do I need to include JUST his ( Intending Immigrant ) tax returns / W2's

Thanks in advance

[Tiger_M 0]

My wife is USC and she is doing internship. So do I have to just put her current income as well Mine(H1b) current income or last year income from W2 ?