The hell of I-693

[KayDeeCee 4,893]

Once you are married, and the immigrant spouse receives the EAD, both spouses can work, and the total household income can be used to satisfy the income requirements of the I-864.

The problem with that is you send in the I-864 with the I-485 and the I-765 is mailed along with those forms in the same package. They would not have an EAD yet when the affidavit of support is mailed in.

Edited May 8, 2012 by Jay-Kay

[MiSeRaBle123 0]

so can i get EAD card even before i apply for AOS? and bills won't be in our names regardless because we live at her dad's, it's going to be in his name! we do have a joint bank account though. and lots of pictures and proofs of living together before for 6 months.

[bigdog 376]

Living apart might be a problem, you should be well versed in why you did that move.

[I AM NOT THAT GUY 5,715]

so can i get EAD card even before i apply for AOS?

No.

[I AM NOT THAT GUY 5,715]

The problem with that is you send in the I-864 with the I-485 and the I-765 is mailed along with those forms in the same package. They would not have an EAD yet when the affidavit of support is mailed in.

It is a catch-22, isn't it? You would have to put an amount high enough to meet the income requirements for the I-864 expected for the current year, and find a job for the spouse between the time he/she receives the EAD and you are interviewed for AOS. Or, the USC spouse could take a second job in the meantime, before filing for AOS.

[MiSeRaBle123 0]

It is a catch-22, isn't it? You would have to put an amount high enough to meet the income requirements for the I-864 expected for the current year, and find a job for the spouse between the time he/she receives the EAD and you are interviewed for AOS. Or, the USC spouse could take a second job in the meantime, before filing for AOS.

Even if the USC got a second job for now then what difference will it make since her income for 2011 was below the poverty level ? is it enough if she has a good job at the moment but her 2011 income wasn't enough?? the reason she didn't meet the requirement is she took leave of absence for 6 months last year.

[KayDeeCee 4,893]

Even if the USC got a second job for now then what difference will it make since her income for 2011 was below the poverty level ? is it enough if she has a good job at the moment but her 2011 income wasn't enough?? the reason she didn't meet the requirement is she took leave of absence for 6 months last year.

This is why I asked you in a previous post in this very thread if she is self-employed or not, and what does she CURRENTLY earn. It is based on what she is making now, this year, not on past income. If she is not self-employed, she can prove her current income with a letter from her employer and a few months worth of her most recent pay stubs. If she is currently over the 125% level for your household size, then you do not need a joint sponsor. She just needs to show proof of her income, along with her tax transcript for 2011. She can even write a statement if she likes, stating her income was not enough last year because she did not work the entire year, but now she back on track and earning enough to support herself and you above the 125% poverty line.

[I AM NOT THAT GUY 5,715]

Even if the USC got a second job for now then what difference will it make since her income for 2011 was below the poverty level ? is it enough if she has a good job at the moment but her 2011 income wasn't enough?? the reason she didn't meet the requirement is she took leave of absence for 6 months last year.

The amount of income listed on the I-864 is not the income for the previous year, but the expected income for the current year. Even if her income was below the threshold for 2011, if she can establish she will make above the threshold income in 2012, you have no worries. What was her income in 2009 and 2010? Take her current gross income per paycheck and annualize it. If that number is 125% of the poverty level, or more, you don't have to do anything but show some recent paystubs and an employer letter to establish her current income.

[Sayha or bust. 71]

The amount of income listed on the I-864 is not the income for the previous year, but the expected income for the current year. Even if her income was below the threshold for 2011, if she can establish she will make above the threshold income in 2012, you have no worries. What was her income in 2009 and 2010? Take her current gross income per paycheck and annualize it. If that number is 125% of the poverty level, or more, you don't have to do anything but show some recent paystubs and an employer letter to establish her current income.

Line 22 of your income tax is adj. gross, use that on the i-864.