I-864 Inquiry !

[priyankka 0]

Once my fiance reaches the US through K1 Visa..we will get married and file for AOS. I am currently working and meet the minimum income for i-864 but what happens if after filing for AOS I decide to go back to school and become unemployed or take up a part time job in order to attend school full time. At the same time, my spouse gets a full time job after getting EAD and he meets the minimum income for i-864.

I am aware that the spouse (petitioner) is always the primary sponsor regardless of income..but since i plan to be unemployed/work part time in order to attend school and my husband will be working full time..will this be okay at the interview stage, or would I still need a joint-sponsor? Will my (future) husband's income will be enough for the i-864 if i decide not to work or does someone else HAVE to become a joint sponsor?

[eagle+eyed 8]

This is a great question! I don't have the answer but I can tell you as another petitioner, I recently quit my job to stay at home and my husband works full time... well now he works not much at all as his seasonal work as him laid off.... Anyway we filed AOS in end of April and have yet to be approved or interview appointment although it is taking 8 months through CSC and we could be anytime now.. My gut feeling is that this is a non issue and that your wife to be will be fully capable of working full time to support herself. I think it'd be different if she couldn't and you chose not to. Not a professional response but my personal experience!

[eagle+eyed 8]

Can anybody answer this 100% for OP?

[Penguin_ie 5,993]

You are assuming the foreign spouse finds a job quickly, which may not be possible in this economy. That being said, spouses can combine financial resources so yes, the foreign spouse can be the financial sponsor by filing an updated I-864 when the AOS inerview comes around, but the petitioner/ USC still needs to fill in a I-864 (foreign spouse would file I-864A). Some officers are picky and may deny if the job only just started, but if it is a well paying job and you have a letter from the employer saying it is a permanent job and they are happy with you so far, and a few pay stubs, you will probably be fine.

[Moomin 292]

The submitted I864 is the one they'll look at and base their decision on that, unless you get an RFE and have to submit something new that you don't have(i.e. your current paystubs).

The immigrant spouse can contribute to the household and through that, the I864, as long as it's with a valid EAD.

If you get an interview and the income situation has changed, I'd personally bring an updated i864 and supporting documents to the interview. As long as you as a household stay above the minimum income requirement.

I could suggest you send updated info to USCIS but unless you get RFE'ed, odds are they won't match the new info up with your case.

[eagle+eyed 8]

Our AOS is pending, I-485 sent end of April. Would you suggest I send updated I-864A? Since AOS was sent, I quit my job in October and husband has been working since August. Or do we wait to hear if he gets approved (could be anytime in the next 30 days according to the current trend)?

[Penguin_ie 5,993]

Wait. If you get an interview or a request for evidence, send in an updated I-864/ I-864A.

[priyankka 0]

hii all !

so my understanding is that :

- i "have" to fill out i-864 since i am the petitioner (don't need co-sponsor, I meet income requirement for 2 people)

- as of now I fulfill the income requirement, but if income changes for myself in the future it will be okay as long as my husband meets the minimum requirement for the two of us (our household size)

- i do not need to update i-864 unless there is RFE or an interview (if there is RFE/interview then we update providing my husband's stubs, employment letter, etc)

is this correct?

also what is the difference between i-864/i-864A?

thank you! any advise will be highly appreciated !

Edited November 29, 2012 by priyankka

[Moomin 292]

Precisely. : )

You only have to notify them if you move, otherwise not.

I864A is for member of household where combined income is needed/used.

hii all !

so my understanding is that :

- i "have" to fill out i-864 since i am the petitioner (don't need co-sponsor, I meet income requirement for 2 people)

- as of now I fulfill the income requirement, but if income changes for myself in the future it will be okay as long as my husband meets the minimum requirement for the two of us (our household size)

- i do not need to update i-864 unless there is RFE or an interview (if there is RFE/interview then we update providing my husband's stubs, employment letter, etc)

is this correct?

also what is the difference between i-864/i-864A?

thank you! any advise will be highly appreciated !