I-864

[aporia 0]

My Chinese wife and I (US citizen) are submitting an I-864 to support a concurrent filing of the I-130 and I-485 for a green card for her. We are both graduate students and will continue to be for at least a couple more years.

My income is below the poverty line but together we exceed it easily. The I-864 instructions state that if the sponsored immigrant's income is counted and the immigrant is a spouse, then evidence is required that the income will continue to come from the same source. We are planning to provide the following evidence:

1. Her most recent W-2.

2. Her I-20, which states that she will graduate no later than 2013.

3. Perhaps a letter from the university and/or her academic advisor.

Can anyone give an informed opinion on sufficient evidence?

Also, a more general question. For the sponsoring person's income, it appears that only tax information is required, but some people have been RFE'ed for providing only this evidence. This and other similar such problems worry my wife a great deal. She thinks that the immigration process is irrational and does not follow the stated rules (e.g. additional forms and evidence beyond those requested in the instructions are sometimes required by the USCIS). She believes the best way to make sure that our application is accepted is to find a similar case which was successful and follow it as a template (provide the same evidence, attach the same forms, etc.). I don't have experience with this process but I feel that the government is generally reasonable and we should simply follow the stated rules to maximize our chance of a smooth and successful application. Which approach, if either, is correct? For example, should I submit more evidence of my income than my tax forms, despite the fact that the instructions only require tax forms?

[CC90 90]

How is she working? Is she working on-campus, illegally..etc?

Since there are many different types of income situations with the I-864, discretion is key in reviewing it. The ultimate question the adjudicating officer is trying to answer is: "Will this person become a public charge?" while using the poverty line as the base for judgement.

If she is working on campus and she will graduate within the next few years, this is probably not a good source of income considering it will cease at a definite time.

In fact, the entire Adjustment of Status process is one of discretion with a few statutory guidelines. It is true that RFEs are sent even when the forms don't require something; this is because the forms cannot take every single type of situation into account. The bureaucracy is not inflexible; not nearly all people get away with sending just the "required forms". While the immigration process may or may not be "irrational" in your wife's eyes, it is important to keep in mind that the adjudicating officers usually exercise common sense. If 1 and 1 don't add up, they'll ask you about it. Otherwise, they would probably just make a computer program to adjudicate if there were an inflexible list of requirements.

Thus, if you send tax information that states you're self-employed and you've only made over the required amount for the most recent year, they're going to want to inquire as to how you expect to make the same amount for the following years, especially since you didn't make nearly the same amount the past two other years. In this case, they may send you an RFE asking for evidence on how you plan to make the same amount for the following years. You're self-employed, so you cannot get a letter from your employer, a W-2, or even pay stubs. Perhaps in this case you may want to demonstrate that you secured a huge new client and submit convincing evidence that such a client will continue to play a substantial role in your income. (Just an example.)

Since we cannot possibly know all of the facts of your specific situation, it is best to try and assume if the minimum documents you plan to send can convince a complete stranger that, a) you adequately make over the required amount, b) that you will continue to make such an amount from the same or similar source, and c) the totality of evidence is sufficiently convincing that such a situation will yield enough legal income for your wife not become a public charge.

Nonetheless, you can send the minimum and wait to see if they want to know more. They won't punish you if you don't send something; they'll send you an RFE if they want to know. The only major pitfall to RFEs is that they can set your case back a good amount of time. While they can be "reasonable" within the guidelines of the law, they are humans and know when 2+2 don't add up. The average adjudicating officer can make around $65-75K per year; they're not complete idiots.

Try to look objectively at your package and try to see if you would be convinced.

Edited August 28, 2011 by CC90

[Anh map 2,098]

Are you attempting to adjust status from a student visa? (you've posted in a family visa forum so there is a bit of confusion).

Current and continuing income is demonstrated with paystubs and employer letters. A grant award would need documentation as well. W2 is last year's income.

[aporia 0]

Are you attempting to adjust status from a student visa? (you've posted in a family visa forum so there is a bit of confusion).

Current and continuing income is demonstrated with paystubs and employer letters. A grant award would need documentation as well. W2 is last year's income.

Yes, she's adjusting from an F1 visa to permanent resident by immediate relative (spouse = me).

If she is working on campus and she will graduate within the next few years, this is probably not a good source of income considering it will cease at a definite time.

We are both supported by graduate student stipends earned through fellowships and teaching. We expect to have good jobs after graduation but we have no way to give "evidence" of that. I don't see how we're supposed to provide evidence that we will continue to have income beyond our graduate stipends. Hopefully the case officers will just use good discretion and view PhD students more favorably, less likely to become public charges?

[CC90 90]

We are both supported by graduate student stipends earned through fellowships and teaching. We expect to have good jobs after graduation but we have no way to give "evidence" of that. I don't see how we're supposed to provide evidence that we will continue to have income beyond our graduate stipends. Hopefully the case officers will just use good discretion and view PhD students more favorably, less likely to become public charges?

The amount of your stipends may be weighted with your school, previous cases they've had, how consistent your income has been, your age, etc. Nobody can say for sure, but you can try and please let us know how it goes! If your advisers can write to the quality of your work and the likelihood of a good future, this may help. They fact that you don't graduate for a few years may work in your favor.

Edited August 28, 2011 by CC90

[Anh map 2,098]

Yes, she's adjusting from an F1 visa to permanent resident by immediate relative (spouse = me).

We are both supported by graduate student stipends earned through fellowships and teaching. We expect to have good jobs after graduation but we have no way to give "evidence" of that. I don't see how we're supposed to provide evidence that we will continue to have income beyond our graduate stipends. Hopefully the case officers will just use good discretion and view PhD students more favorably, less likely to become public charges?

Your prospects of future employment will not be enough. Plenty of PhD's have minimum wage jobs. Visit any university town for proof.

What is requires is documentation of current and ongoing income. So now you need to get the terms of the stipend and see what's there. If the stipend has been the same then the amount that has been considered income for tax purposes in the past (2010) would likely be your current income. You show that your program(s) go until 20xx. A letter from your respective Dean's offices (or program heads) can help to support your claim as well as the stipend documentation. If you can't document it, it doesn't exist.

[aporia 0]

I can only get documentation guaranteeing employment for 1 more year, so I probably shouldn't try to do this on my own. If my parents co-sponsor us, there should be no problem. I think that's what I'll do. Thanks!

[bigdog 376]

I would co the co-sponsor route due to short guarantee of employment.