Questions about an i864 already filled

[Griselita 0]

Hi!

i have some questions, but i prefer one by one.

(anyway, questions are in red at the end, for an easy reading)

This is the situation;

it took 3 months for my family and i to finish the AOS,

my father filled up the i-864, he is married and live with his wife, since i am the only intending immigrant, the household size is 3, so the 125% of the poverty line is $23,162.

In part 24c;

the household income (i told him to include my annual income there, i don’t know why he didn't) is 5,400

In the part 25, the federal income tax return information was filled:

year 2010 - $10,900

year 2009 - $2,30

year 2008 - $20,300

in the part 26, 26D, total assets are $131,172.47

knowing that if the annual income doesn't meet the poverty line, the difference must be multiplied by 5 if asset are used to meet the requirements, since the difference is $17,762, multiplied by 5 is 88,810, what i assume that i am OK, OK?.

Within the financial evidence included, are; saving accounts status, checking accounts, a document from Allstate (i guess it is the life insurance, is that ok?), plus the federal tax returns.

All those documents are under the name of my father and his wife, is that ok?

BUT, in case some of the assets status change (i don't think so) i decide to include my annual income, since i am the intending immigrant, i read (in the i-864 instruction) that i don’t need to fill an i-864a, the only thing to do is, to add my annual income in 24b, and financial evidence, is that right?

AND..... the question about the expiration date of the form, the i864 my father filled, in the upper right corner says "expires 10/31/2011", since there is already a new version available, do my father have to fill another i-864 or can he send this one?

[Samantha78 117]

Another form does not have to be filled in - the latest version of the form is sufficient enough. And you are correct....listing your income is more beneficial of course, to show that there will be sufficient income to support everyone. Including the assets that you mentioned is the best bet. Any little bit will help.

[JimVaPhuong 4,863]

Hi!

i have some questions, but i prefer one by one.

(anyway, questions are in red at the end, for an easy reading)

This is the situation;

it took 3 months for my family and i to finish the AOS,

my father filled up the i-864, he is married and live with his wife, since i am the only intending immigrant, the household size is 3, so the 125% of the poverty line is $23,162.

In part 24c;

the household income (i told him to include my annual income there, i don’t know why he didn't) is 5,400

In the part 25, the federal income tax return information was filled:

year 2010 - $10,900

year 2009 - $2,30

year 2008 - $20,300

in the part 26, 26D, total assets are $131,172.47

knowing that if the annual income doesn't meet the poverty line, the difference must be multiplied by 5 if asset are used to meet the requirements, since the difference is $17,762, multiplied by 5 is 88,810, what i assume that i am OK, OK?.

Bear in mind that the law allows them to consider assets in lieu of income, but it doesn't require them to accept them. The greater the difference between the required minimum and the actual minimum income, the greater the chances they'll not accept the assets as sufficient. Having three consecutive years of insufficient income isn't going to look good at all. You might want to consider finding a joint sponsor as a backup plan.

Within the financial evidence included, are; saving accounts status, checking accounts, a document from Allstate (i guess it is the life insurance, is that ok?), plus the federal tax returns.

All those documents are under the name of my father and his wife, is that ok?

Only life insurance that has a cash-out value can be included, and the declared amount must be the cash-out value and NOT the benefit that would be paid in the event the sponsor dies. Generally, only whole life policies have a cash-out value. Term life policies generally have lower premiums and higher death benefits, but zero cash-out value. Take a good look at the insurance policy and verify that it qualifies.

BUT, in case some of the assets status change (i don't think so) i decide to include my annual income, since i am the intending immigrant, i read (in the i-864 instruction) that i don’t need to fill an i-864a, the only thing to do is, to add my annual income in 24b, and financial evidence, is that right?

You can include your income if that income will continue after you become a permanent resident, and if you are living in the same residence with the sponsor. You have to provide proof that both conditions are met.

AND..... the question about the expiration date of the form, the i864 my father filled, in the upper right corner says "expires 10/31/2011", since there is already a new version available, do my father have to fill another i-864 or can he send this one?

The current version of the form expires 09/30/2012, but the USCIS website says they'll accept previous editions.

[Griselita 0]

Thank you a LOT for the answer!

i have a doubt about this point:

BUT, in case some of the assets status change (i don't think so) i decide to include my annual income, since i am the intending immigrant, i read (in the i-864 instruction) that i don’t need to fill an i-864a, the only thing to do is, to add my annual income in 24b, and financial evidence, is that right?

You can include your income if that income will continue after you become a permanent resident, and if you are living in the same residence with the sponsor. You have to provide proof that both conditions are met.

i dont understand if i need to prove that my income will continue after i move to US, what means that i am outside US, then how is that about that i have to prove that i am living with the sponsor? if i am applying for a visa precisely to move there? in other words, if i am applying for a resident visa, i cant be living with the sponsor UNLESS the sponsor is living outside US... how is that!?

[JimVaPhuong 4,863]

Thank you a LOT for the answer!

i have a doubt about this point:

i dont understand if i need to prove that my income will continue after i move to US, what means that i am outside US, then how is that about that i have to prove that i am living with the sponsor? if i am applying for a visa precisely to move there? in other words, if i am applying for a resident visa, i cant be living with the sponsor UNLESS the sponsor is living outside US... how is that!?

This is a direct quote from the I-864 instructions:

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

...

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.

As the "intending immigrant", your income can only be included on your sponsor's affidavit of support if you are living with the sponsor (unless you're the sponsor's spouse), and if your income will continue from the same source AFTER you become an immigrant. Most of the immigrants who could meet these requirements are already in the US, living with the sponsor, and are applying for adjustment of status. The few remaining immigrants who could meet these requirements are spouses of the sponsor who have income that will continue from the same source after they immigrate to the US.

You're not the spouse of the sponsor. You're not living with the sponsor in the US. Therefore, it's irrelevant whether or not your income would continue from the same source after you immigrate to the US. Your income can't be included on the sponsor's I-864.

[Griselita 0]

This is a direct quote from the I-864 instructions:

What If I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

...

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.

As the "intending immigrant", your income can only be included on your sponsor's affidavit of support if you are living with the sponsor (unless you're the sponsor's spouse), and if your income will continue from the same source AFTER you become an immigrant. Most of the immigrants who could meet these requirements are already in the US, living with the sponsor, and are applying for adjustment of status. The few remaining immigrants who could meet these requirements are spouses of the sponsor who have income that will continue from the same source after they immigrate to the US.

You're not the spouse of the sponsor. You're not living with the sponsor in the US. Therefore, it's irrelevant whether or not your income would continue from the same source after you immigrate to the US. Your income can't be included on the sponsor's I-864.

OK, before this answer i went directly to the i-864 instructions and i find what you says.

But your clarification help me even more.

i didn't know that i could be living with the sponsor while this process is unfinished.

[Griselita 0]

i have two more questions.

if there is something wrong with the AOS, (i read somewere that i have chance to correct twice? is that true?)

what happen if something is wrong with the AOS, do i have to pay the us$88 again?

Edited February 21, 2012 by Griselita