I-864 Affidavit of Support question

[smpro 0]

Hi,

My wife is a U.S citizen and I am on H1B visa. We will be filing I-130/485 soon and had a question for I-864 Affidavit of Support.

Can I show my income, W-2 and tax returns with my wife (sponsor) for I-864 ? Can we show both of our incomes ? Someone told us that our case would be stronger if we show both of our incomes in I-864 form.

Please give us your feedback.

Thanks...

[smpro 0]

I would appreciate if someone can help us for Affidavit of Support. This scenario is blocking us from applying for I-130/485.

My wife's income is above poverty line as mentioned in 2011 and 2010 tax returns. She was below poverty line in 2009 as she started working in that year. I have been working on H1B visa for last 3 years and have income above poverty line for last 3 years.

Can she file I-864 and we also include I-864a (contract between sponsor and household member) to show above poverty line wages for last 3 years ? OR should file I-864EZ only ? But it will show below poverty line in 2009 tax return.

Thanks...

[Little_My 464]

You can use your income to meet the requirements IF you can prove your income will continue from the same source after you become a permanent resident. Given that you are on an H1-B, this probably won't be a problem for you.

This is all explained in the instructions for these forms. If your wife alone qualifies and her income is above the minimum requirement, there's also no real need to add your income in the mix - unless your wife's income is rigt on the limit and barely enough. Then it's probably a good idea to boost it up a bit.

[smpro 0]

Thanks Little-my.

Do i need to fill I-864A with I-864 form to show my income? Let me know.

Thanks...

[Little_My 464]

I did not use my own income as my husband's was enough and I was here as a student prior to getting a GC, so I did not have to look into this. I am 95% sure the foreign spouses income is just counted as income of a household member, and can be added to the primary sponsor's income (i.e. the American spouse's income) in the same I-864 form.

What I do know with 100% certainty is that this is all explained in the instructions for the I-864. If you download the instructions and read through them, you'll find all the necessary information there.