Using ONLY applicant's income on I-864, marriage evidence and additional explanations?

[sircharles 2]

Hi all,

I have a couple of questions regarding AOS from F-1 status, but first, a little background info. My US citizen wife and I met and started going out within the first term of our college careers. We graduated in June 2011, and she subsequently spent a year doing a volunteer program abroad. We just got married in July, not long after she returned to the States. She is currently unemployed, but I am working using my OPT STEM extension now, and making more than 125% of the poverty guidelines on my own.

1. Will it be okay to use only my income on the I-864, listing my wife's (aka sponsor's) income as $0? Since I've only had the job since last August, my taxes from last year do not reflect my full yearly salary, though I have a job letter stating my salary, and that I will continue to be employed with my current job.
   
2. We have material evidence galore (car, leases for 3 years, joint bank accounts, statement showing I added her to my insurance) but because she spent a year abroad, there is a gap year in our living together. Should I include an explanation of her time abroad? Also, should I attach pictures of our time together and wedding?
   
3. We opened our joint bank account back in 2009 or 2010, long before we got married. Will that be looked down on?
   
4. Should the cover letter summarize our relationship history, in addition to listing all the contents of the packet?
   

Thank you so much for your time and consideration,

sircharles

[Que Saudade 284]

If you read the directions of the I-864 there are a few exceptions to the sponsor not being a US citizen or lawful permanent resident, one would be an intending immigrant who has earned or can be credited with 40 qualifying quarters (or credits) of work in the United States.

According to the instructions, it appears you will need a joint sponsor as you do not have enough credits to qualify

[asdfg 18]

Sounds right.

[Malagasy 4]

Sircharles: look on page 2 in the Can the Intending Immigrant Help Me Meet the Income Requirements? section of the I864 instructions.

This is part of what it states: If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

Since your income will continue from the same source after becoming a permanent resident your income can be used.

I

[ceadsearc 516]

1. That's fine. Make sure to include your taxes from last year (regardless of what you made), several recent paystubs to show what you make now, and a letter from your employer stating your salary and that you will continue to be employed in your job. You do NOT need a cosponsor.

2. You are required to have an interview so if asked you can explain it then.

3. No, in fact it is good - helps prove an ongoing relationship.

4. Not necessary - again, you will definitely have an interview and can explain everything then.

[sircharles 2]

Thank you so much! You've answered all my questions perfectly, and reassured me to boot, since I've already included all those documents as well.

1. That's fine. Make sure to include your taxes from last year (regardless of what you made), several recent paystubs to show what you make now, and a letter from your employer stating your salary and that you will continue to be employed in your job. You do NOT need a cosponsor.

2. You are required to have an interview so if asked you can explain it then.

3. No, in fact it is good - helps prove an ongoing relationship.

4. Not necessary - again, you will definitely have an interview and can explain everything then.