PLEASE HELP!!!

[Eveon 0]

hi everyone,

My Husband is an F1 student. I want to file for him to adjust his status to Green Card. But my income doesn't meet the poverty guildline. However, my cousin's (2009 & 2010) previous 2years income is over 28,000.00 EACH and filed single with no dependants. He is willing to Co-sponsor my husband. But his recent (2011) Tax Return Adjusted Gross income was 15431.00, which i think is below the poverty guildline. But this was because he started University in 2011 and he has got documentations stating that he is studying at the said year. My question is:-

*Can he become a co-sponsor or Joint sponsor

* If Yes, am I to be counted as part of his household when he fills the 864 form, or is just my husband (the immigrant)?

I look forward to you replies and thanks in advance for your help!!

[Inky 1,110]

Current income only is what counts. If he does not meet the poverty guidelines he cannot sponsor.

If his house hold is only him then it would be him and your husband. You are not included.

The guide he needs to meet is for a house hold of 2. = $18,912

http://www.uscis.gov/files/form/i-864p.pdf

[Eveon 0]

When u say current, i assume u mean 2012, because 2011 is passed? please clarify.

[Little_My 464]

He has to either be able to show that A) he made more than the required $18,000+change in 2011 and that the income will continue on a similar level in 2012, or B) He did not make more than the required minimum in 2011 but he WILL make more than that in 2012, based on his current monthly income.

Your cousin cannot become a joint sponsor based on his 2009 and 2010 income levels, if those levels have since dropped. It doesn't matter why they dropped (i.egoing to school, for example). You have to find a joint sponsor who currently makes enough money to qualify under the poverty line guidelines.

[Eveon 0]

He has to either be able to show that A) he made more than the required $18,000+change in 2011 and that the income will continue on a similar level in 2012, or B) He did not make more than the required minimum in 2011 but he WILL make more than that in 2012, based on his current monthly income.

Your cousin cannot become a joint sponsor based on his 2009 and 2010 income levels, if those levels have since dropped. It doesn't matter why they dropped (i.egoing to school, for example). You have to find a joint sponsor who currently makes enough money to qualify under the poverty line guidelines.

Just to remind u, his 2009 and 2010 are good. because made over 28,000 in 2009 & over 28000.00 in 2010 also. But his 2011 was 15000.00+ . So are u saying, if his 2012 monthly income shows that he will make over the poverty line, then he can co-sponsor my husband, right or wrong?

[Harpa Timsah 13,258]

What is the co-sponsor's current salary? That is what matters.

[Eveon 0]

What is the co-sponsor's current salary? That is what matters.

Am sorry if am kinda asking some obvious questions. Am abit confused with this whole process. So are u saying if my co-sponsor provides his current i.e (January & Fabuary 2012)paystubs showing if calculated by 12 months, will over the poverty line, then that qualifies him as a co-sponsor, correct?

[Little_My 464]

Yes, he will qualify, if he can show proof that the income will continue throughout the year (i.e. a permanent contract, letter form employer, etc.). However, USCIS can always ask for more evidence of income if they are not satisfied - but, if his monthly income now is, for example, $2,000 and he can show proof it will continue, then he would qualify as a sponsor.

[Eveon1 0]

Yes, he will qualify, if he can show proof that the income will continue throughout the year (i.e. a permanent contract, letter form employer, etc.). However, USCIS can always ask for more evidence of income if they are not satisfied - but, if his monthly income now is, for example, $2,000 and he can show proof it will continue, then he would qualify as a sponsor.

oh cuuu, thanks alot for you responses it did help. Well he is gonna get the letter and paystubs from his employer today, plus his 2010 (which is 29,000.00+) and 2011 ( 15,000.00+) tax returns. Will that be all i did from his end? If YES,

Then i will go ahead and fill my own g365a, g1145, i130, i485, i765, and i864 (even though i have not met the Poverty line) is this correct? Please correct me if am wrong.

thanks