I-864: Intending Immigrant as Main Support Source

[lumia 1]

It is the intended immigrant who is writing here.

I have entered into the US with F-1 status and has been in-status for nearly 4 years, and have been working legally in the US during the whole time, earning a salary (i.e. PhD stipend) above the required levels (AGI of $21k) and have clear proof of that.

My wife (USC, married 1 year ago but engaged for a much longer time) has nearly negligible income.

While I am sure I can use my current income to support the I-864 (my wife being the sponsor of course) and would be willing to provide USCIS all that is needed to prove that, I read on the I-864 guideline that I have to show "the preponderance of the evidence shows that the intending immigrant’s income results from the intending immigrant’s lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status."

That's where the problem lies. I expect my program will end in 1.5 years, and in my field the next job I'll get is most certainly a contract job (i.e. postdoc). Does that mean that if I apply now (and suppose the review is in Oct/Nov), the support will not be approved if I have no co-sponsor?

Also, as my wife is at a study abroad right now and won't be back until August the earliest, would that affect the determination of "living in the same household for the past 6 months" thing?

[VanessaTony 3,567]

You should be posting here: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ as you are AOSing from an F1 visa, not a family visa.

[JimVaPhuong 4,863]

Everything hinges on the conclusions of the immigration officer. They don't like to see a source of income for any sponsor or contributing household member that has a known termination date less than three years in the future - the soonest you'd be eligible to apply for citizenship. They may not require a joint sponsor, but they have the discretion to do so. You should probably try to arrange for a joint sponsor, and be prepared to submit an affidavit of support (and supporting docs) from your joint sponsor just in case the IO asks for it. Don't give them the affidavit from the joint sponsor unless they ask for it.

Where do you get "living in the same household for six months"? If the intending immigrant is the spouse of the sponsor then the intending immigrant's income can be included on the I-864, regardless of whether they currently live with the sponsor. Page 2 of the I-864 instructions.

[LIFE'SJOURNEY 970]

Jim, the husband and wife has not lived together within the last six months. The wife(USC) is over-seas at school.

The immigrate is the one who is here in the US, trying to AOS.

Edited June 11, 2011 by LIFE'SJOURNEY

[JimVaPhuong 4,863]

Jim, the husband and wife has not lived together within the last six months. The wife(USC) is over-seas at school.

The immigrate is the one who is here in the US, trying to AOS.

Understood. It's not relevant to the I-864. If the intending immigrant is the spouse of the sponsor then the intending immigrant can contribute their income to help the sponsor qualify, even if they aren't living in the same household. The intending immigrant isn't treated like other household members. From page 2 of the I-864 instructions:

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence.

If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

Other than that, I have no idea what "six month" requirement he's referring to.

[Penguin_ie 5,993]

***** Moving from AOS from Family,,, to AOS from Student visa as OP holds an F1 *****

[shanneykar 18]

For I864, I intending immigrant is the only income for our household.

2014 - We filed jointly - $70701; 2013 - I filed single - $65400 ; 2012 - I filed Single - 24000

I came to US Sep 2012 and We got married Sep 2014. She is been unemployed since Jan 2013 and she never filed tax as her income is negligible.

Now, with we living together and my current income $102000 enough to support of affidavit,

I864 Part 6 item 18 a/b 19 a/b/c and 20 :

18 a : No

18 b : blank

19 a : 2014 $70701

19 b : blank [ as i file single and she isn't listed

19 c : blank [ same as above ]

20 : Should this be selected or not, given she filed jointly with me for year 2014 ??

I really appreciate your help and this will help us a lot.

[shanneykar 18]

Can someone please help on what to fill for I864 - AOS that the sponsor need to fill.

I listed above what I am planning to fill. Please review and if issues let us know,.

Again, She never filed tax until 2014 where we filed jointly.

Thanks a lot.

[newacct 688]

For I864, I intending immigrant is the only income for our household.

2014 - We filed jointly - $70701; 2013 - I filed single - $65400 ; 2012 - I filed Single - 24000

I came to US Sep 2012 and We got married Sep 2014. She is been unemployed since Jan 2013 and she never filed tax as her income is negligible.

Now, with we living together and my current income $102000 enough to support of affidavit,

I864 Part 6 item 18 a/b 19 a/b/c and 20 :

18 a : No

18 b : blank

19 a : 2014 $70701

19 b : blank [ as i file single and she isn't listed

19 c : blank [ same as above ]

Instead of leaving it blank, it might be better to write something like "Did Not File"

20 : Should this be selected or not, given she filed jointly with me for year 2014 ??

I think it should be selected

I really appreciate your help and this will help us a lot.

[shanneykar 18]

Really appreciate you taking your time to answer.

19b., 19c. take year, and $[ numbers only ]

So I cannot type not filed.

Line 20 reads [ I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.]

But wife even though she doesn't work she is included in recent last year tax return as we filed jointly.

So should I not unselect it?

Please this is the only part left for me to figure out.

Any help is great. Thanks

[Elf 146]

Really appreciate you taking your time to answer.

19b., 19c. take year, and $[ numbers only ]

So I cannot type not filed.

For the year in which my wife had not been required to file a return, our attorney simply entered 0 on our I-864. We then included with the I-864 a brief letter stating that she had not filed a tax return in 2012 because her income in that year was below the filing threshold.

I agree that box 20 should probably be selected. The form doesn't make it entirely clear whether the question relates only to the most recent tax year, or to any one or more of the the three years listed in question 19. I read it as referring to all three years, so think it should be checked because your wife wasn't required to file in 2012 or 2013,

[shanneykar 18]

Thank you so much, this was one of my last outstanding items. That makes sense and I will follow same,

[KayDeeCee 4,893]

The I-864 is hers. She enters the total income from your joint 2014 taxes because that was also HER return. If she did not file in 2013 or 2012, then those would be N/A. Your tax info does not go there.

If the USC sponsor did not file taxes any of the last 3 years, then box 20 would be checked, you would enter N/A, as per the I-864 instructions, and they need to include a statement explaining why they were not legally required to file those years.

From the I-864 instructions >

NOTE: Do not leave the boxes for Item Number 19.a. blank. Print or type the most recent tax year and your total
income for that most recent tax year. If the amount was zero, enter “zero” or if you were not required to file a Federal
income tax return enter “N/A” for not applicable.

Edited October 27, 2015 by KayDeeCee