I-864 assets vs. income

[giraffebadger 0]

Hi everyone!

First of all thanks to everybody for this forum, it's been incredibly helpful!

I'm an F-1 student and me and my husband are filling out Form I-864 to apply for my AOS. He is currently unemployed, but about to open a small business. I work on campus teaching and therefore currently have more income than him. My income alone (about $8K per semester) does not meet the %125 poverty line, but he has enough assets (his inheritance, about $100K in cash) to qualify as my sponsor. My question is, should he mention me as a household member at all, or just list his assets? Should he check "unemployed" or "self-employed" since he's in the process of opening a business? Is it going to look weird if we both list no income and only his assets?

[himher 634]

He has to list you as a household member LOL so I am wondering if your question meant list your income.

We processed an I864 last year with (zero) income, assets only. For your and his income, he has to make up 3X the difference between the 125% poverty and his current income. If his current income is (zero) then take the 125% poverty guideines, multiply by (3), and make sure he can show this amount of cash-equivalent assets. For a family of (6) the amount last year for us was $112,000 minimum in cash just to buy a seat at that table.

If it is just the two of you, based on what you posted, you should be more than OK.

If he is in the process of opening a business his employment falls under category "self-employed"

If I were filling out the form I would list every dollar of legal income that the two of you make, attach the evidence of assets, and send it in. The iinstructions are unclear on this however since the assets of the immigrant are accepted (albeit the ratio jumps to 5X the difference) I would presume that the income of the intending immigrant would also be accepted. The WORST that could happen is that they discount it then you are back to the 3X difference again.

Hope that helps. Best of luck!

Hi everyone!

First of all thanks to everybody for this forum, it's been incredibly helpful!

I'm an F-1 student and me and my husband are filling out Form I-864 to apply for my AOS. He is currently unemployed, but about to open a small business. I work on campus teaching and therefore currently have more income than him. My income alone (about $8K per semester) does not meet the %125 poverty line, but he has enough assets (his inheritance, about $100K in cash) to qualify as my sponsor. My question is, should he mention me as a household member at all, or just list his assets? Should he check "unemployed" or "self-employed" since he's in the process of opening a business? Is it going to look weird if we both list no income and only his assets?

[giraffebadger 0]

Yes, I meant my income

Thanks so much, that does help!

[milimelo 4,568]

Moving to AOS from student, tourist, work visa as OP is a student.

[kcoyclay1 98]

Remember that assets are to be easily converted in cash within 1 year. You stated that it is cash, but is he able to get it within a year or has it already?. They also want to see income stability. An inheritance may be support to income (like yours) but it can be blown quickly in frugal spending. They want continuity and financial security that is current. Because your income is under the poverty guideline, you will need to get a joint sponsor. However, you must report your earnings on the I-864. Also, you cannot be a household sponsor, because your income is below the guidelines.

You cannot report that your husband is employed based on the decision to start a business. They will need proof of an active business and registration/taxID information, earnings etc. That may be more of a problem than a solution. Never use inaccurate information. You can read the I-864 instructions for more detailed information.

All the best.

[himher 634]

Whatever.

We didnt even have a home in the US LOL much less a job.

I stapled my 401K statement and bank balance to the I864 with a circle around each balance, reported employment: NONE and PS we did not get a joint sponsor either.

Nobody suggested using inaccurate information. Our household income is ZERO. That's kind of a different story than the "advice" below?

[Harpa Timsah 13,258]

OP - you sound okay on assets alone, but I see no harm in including your income as well on the I-864. You can add your job on your husband's I-864, as long as the job will continue after you get your GC, because you are a spouse and the only immigrant.

Edited January 22, 2012 by Harpa Timsah