i-485 support of affidavit

[CIsSharp 0]

Hi,

I am in F1 visa and currently working in my CPT (Curricular Practicum Training) program. My wife is US citizen and we are planning for concurrent filing for my GC. But for affidavit of support my wife's income doesn't meet the criteria. So, can I put myself as my sponsorship? I do have two years of tax return. One single and current married joint. I can get letter from my employee stating 'he will extend my job after I get EAD/GC'. In fact they just filed H1B for me. It seems USICS does not treat CPT very well.

So, I can have one of my US citizen friend to become joint sponsorship with my wife but I have no idea how to do so. I know my wife can fill i864 form but what form that my friend need to fill? Should it go with i485? Does my friend need to submit tax returns? How many years?

Please suggest.

Thank you

[Inky 1,110]

Moved from adjustment of status from family based visas to adjustment of status from work student tourist as the OP is clearly adjusting from an F1.

Edited April 4, 2013 by Inky

[Hypnos 6,576]

If you are working legally and your income will continue from the same source after your green card is approved then you can effectively "self-sponsor" by piggybacking on your wife's I-864. Part 6 Section 24 is where you can list your own income on your wife's form.

If your combined income is over 125% of the poverty limit for your household size ($19,387.50 for a family of two this year) then you will not need a joint sponsor.

[CIsSharp 0]

If you are working legally and your income will continue from the same source after your green card is approved then you can effectively "self-sponsor" by piggybacking on your wife's I-864. Part 6 Section 24 is where you can list your own income on your wife's form.

If your combined income is over 125% of the poverty limit for your household size ($19,387.50 for a family of two this year) then you will not need a joint sponsor.

Thank you.

Today I had called the USICS customer service. They said sponsor must be US citizen. It seems controversial. I am not sure what to do now. Is there certain bank balance that my wife can show so that she alone can sponsor me? I can transfer money to her a/c in that case. Please suggest.

[Hypnos 6,576]

A sponsor can be an LPR or US citizen, but if applying for AoS through marriage then your US citizen spouse is always the primary sponsor regardless of income.

The USCIS misinformation line is notoriously unreliable.

If using assets then you need to make up three times the difference, for example if your combined incomes were $5,000 short of the total then you would need to demonstrate $15,000 in assets to make up this shortfall.

As I stated above, provided that you are working legally and your income will continue from the same source after the green card is approved then you can include your own income on your wife's I-864 (Part 6, Q24b).

Edited April 8, 2013 by Hypnos

[jonnyego 0]

Thank you.

Today I had called the USICS customer service. They said sponsor must be US citizen. It seems controversial. I am not sure what to do now. Is there certain bank balance that my wife can show so that she alone can sponsor me? I can transfer money to her a/c in that case. Please suggest.

Sounds like you need a joint sponsor. Should not be too hard to get. Ask a qualifying friend (a USC above 125%) to do it. Most people are receptive and kind to people in your situation.

[Harpa Timsah 13,258]

Did you actually read the instructions for I-864? That will answer your questions.

[CIsSharp 0]

Did you actually read the instructions for I-864? That will answer your questions.

I read and it seems I can use my income. But I found the case where USCIS RFE the case saying illegally employed. visajourney.com/forums/topic/330937-i-864-affidavit-of-support-who-can-sponsor/

[Hypnos 6,576]

That case was more a USCIS error than anything else; they believed he was working illegally when he was not.

Consult an immigration attorney if you are still unsure, do not take my word for it (this is important, after all).

[Harpa Timsah 13,258]

I read and it seems I can use my income. But I found the case where USCIS RFE the case saying illegally employed. visajourney.com/forums/topic/330937-i-864-affidavit-of-support-who-can-sponsor/

You are confused. You are not a sponsor. You are adding your income to your spouse's affidavit to help her qualify. Hypnos already said, if your employment is legal and will continue from the same source (and you can prove it) then you can add your income to hers. If not, then you can't.