Adjustment of Status : I-864

[Amos&Radio 2]

Hi there,

I apologise in advance as I am sure this question gets asked a lot - but I feel my circumstances may be a little different so I just wanted to double check!

Well, thanks to you guys and a lot of hard work with filling out papers etc, we are now married via the K1 Visa and have now come to file for adjustment of status. In coming to the I-864 form, I was just wondering what we do as my wife is currently unemployed and we are living with her parents. I am self employed so I have income to support us, but I know that I can't use this in the I-864 form.

Does my wife still need to put herself down as my primary sponsor even though she doesn't have a job or have any household income? She isn't receiving unemployment checks and is avidly hunting for a job (she has interviews next week) but we want to get the forms off now before I become out of status.

If so, does she just write N/A for all of the questions regarding household income and federal tax return information?

My stepmother - in - law is happy to sponsor me and has a high income, so she can answer all the questions on the form and is well above the poverty guidelines, but I take it I can't just have her as my primary sponsor?

In your experience, do you think it will impede my application if my wife has no evidence of income to support me?

Thank you so much for your help - Once again, we really do appreciate it!

[Inky 1,110]

The USC spouse MUST submit an I-864 regardless of no income and no job. She is the one that is sponsoring/petitioning you.

Because this person has no income/job they must have a co-sponsor that meets the 125% I-864 poverty guideline for the house hold.

[Amos&Radio 2]

The USC spouse MUST submit an I-864 regardless of no income and no job. She is the one that is sponsoring/petitioning you.

Because this person has no income/job they must have a co-sponsor that meets the 125% I-864 poverty guideline for the house hold.

Ok thanks very much for your help! - so it won't hamper the petition as long as my co sponsor meets the 125% threshold?

[Inky 1,110]

Ok thanks very much for your help! - so it won't hamper the petition as long as my co sponsor meets the 125% threshold?

Correct!

[KayDeeCee 4,893]

Hi there,

I apologise in advance as I am sure this question gets asked a lot - but I feel my circumstances may be a little different so I just wanted to double check!

Well, thanks to you guys and a lot of hard work with filling out papers etc, we are now married via the K1 Visa and have now come to file for adjustment of status. In coming to the I-864 form, I was just wondering what we do as my wife is currently unemployed and we are living with her parents. I am self employed so I have income to support us, but I know that I can't use this in the I-864 form.

Does my wife still need to put herself down as my primary sponsor even though she doesn't have a job or have any household income? She isn't receiving unemployment checks and is avidly hunting for a job (she has interviews next week) but we want to get the forms off now before I become out of status.

If so, does she just write N/A for all of the questions regarding household income and federal tax return information?

My stepmother - in - law is happy to sponsor me and has a high income, so she can answer all the questions on the form and is well above the poverty guidelines, but I take it I can't just have her as my primary sponsor?

In your experience, do you think it will impede my application if my wife has no evidence of income to support me?

Thank you so much for your help - Once again, we really do appreciate it!

Your wife still has to fill out the I-864 and check that she is the petitioner and primary sponsor. She cannot just say N/A for the tax returns for the prior 3 years. If she was not legally obligated to file, then she needs to send a statement explaining why she did not legally have to file. It is best to quote the IRS pubs that support her reasons for not filing. She would put 0 as her current income.

Your mother-in-law will fill out her own I-864, checking that she is the only joint sponsor. She will provide her tax transcripts and proof of income. Assuming she is a USC, a copy of her birth certificate or bio page of her passport will also be needed to prove she is a USC.

If your mother-in-law makes enough to sponsor you, and any other dependents of hers, then there should be no problem. It won't impeded anything.

Read over the I-864 instructions http://www.uscis.gov/files/form/i-864instr.pdf, and check out the I-864 example form here on VJ.

[Harpa Timsah 13,258]

I am self employed so I have income to support us, but I know that I can't use this in the I-864 form.

Are you working without authorization? If you were working legally, you could use your income on the I-864, but coming on a K-1 and not having filed for AOS yet, it appears you are not working legally.

[Amos&Radio 2]

Thanks for all your help guys! Really appreciate it. I will have my wife fill out the form also.

In response to the other comments, no I am not working illegally. I am waiting for employment authorisation before I begin working out here. I have a lot of money in savings, which I earnt when I was self employed in the U.K. so I am using that to support us in the meantime.

[Amos&Radio 2]

Your wife still has to fill out the I-864 and check that she is the petitioner and primary sponsor. She cannot just say N/A for the tax returns for the prior 3 years. If she was not legally obligated to file, then she needs to send a statement explaining why she did not legally have to file. It is best to quote the IRS pubs that support her reasons for not filing. She would put 0 as her current income.

Your mother-in-law will fill out her own I-864, checking that she is the only joint sponsor. She will provide her tax transcripts and proof of income. Assuming she is a USC, a copy of her birth certificate or bio page of her passport will also be needed to prove she is a USC.

If your mother-in-law makes enough to sponsor you, and any other dependents of hers, then there should be no problem. It won't impeded anything.

Read over the I-864 instructions http://www.uscis.gov/files/form/i-864instr.pdf, and check out the I-864 example form here on VJ.

Thanks Jay-Kay - Sorry just to check - she ticks box A on part one of the form? I thought she would tick e - that she is the first of two joint sponsors?

If she ticks a - what would my mother-in-law tick?

Thanks again

[KayDeeCee 4,893]

Thanks Jay-Kay - Sorry just to check - she ticks box A on part one of the form? I thought she would tick e - that she is the first of two joint sponsors?

If she ticks a - what would my mother-in-law tick?

Thanks again

Your wife checks A. She is not a joint sponsor. She is your petitioner and primary sponsor.

Your mother-in-law will check D. She is the only joint sponsor.

[Amos&Radio 2]

Your wife checks A. She is not a joint sponsor. She is your petitioner and primary sponsor.

Your mother-in-law will check D. She is the only joint sponsor.

Thanks for that - much appreciated!