I-864 (affidavit of support): what if the applicant is the one supporting the US citizen?

[Romonster 0]

Hello!

I am applying for a green card and my wife, who is a US citizen, and I are in the middle of filling out all the forms for i-130 and i-485 packets.

The i-864 requires evidence from the US citizen proving that they can support the applicant. Our problem is that ever since we have been together I was the one making the money and supporting our household, mostly because she was volunteering this past year and did not have a real salary. Her past 3 w-2s show a level of income that doesn't meet the minimum requirement. (mine do, however)

She is starting a new job in August but I need to apply now if I want to maintain a legal status in the US. Her new job will pay her well enough to support both of us.

My question is: what do I do about the evidence required for the i-864? Do I send a copy of her new contract? Should I still attach her w-2s even though the amount does not meet the requirement? Should I also send my w-2s and copies of my pay-stubs?

Thank you for your help!

[Hypnos 6,576]

The US citizen spouse is always the primary sponsor regardless of income. However, you can "piggyback" on your wife's I-864 if (i) your income was from a legal source (i.e. you have work authorisation), and (ii) it will continue from the same source after your green card is approved.

If both of those provisos are true then you can include your income under Part 6 Question 6 on your wife's I-864. You will need to prove that you are working legally (i.e. include a copy of your EAD or visa which grants you work authorisation).

[Ontarkie 14,226]

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas , from IR-1 / CR-1 Spouse Visa Process & Procedures - As the OP is adjusting from a J1~~~~

[Romonster 0]

The US citizen spouse is always the primary sponsor regardless of income. However, you can "piggyback" on your wife's I-864 if (i) your income was from a legal source (i.e. you have work authorisation), and (ii) it will continue from the same source after your green card is approved.

If both of those provisos are true then you can include your income under Part 6 Question 6 on your wife's I-864. You will need to prove that you are working legally (i.e. include a copy of your EAD or visa which grants you work authorisation).

Thank you for your response.

My income was from a legal source (and I have all of my paperwork to prove it). However, one of the reasons I am applying for a green card is because my wife got a new job which will force us to move to another city this summer, meaning I cannot keep my current job (which is through a university, hence my J-1 status).

What happens for me in this case?

Should I file my wife's new contract with the i-864?

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas , from IR-1 / CR-1 Spouse Visa Process & Procedures - As the OP is adjusting from a J1~~~~

oops! Thank you, I am still working on getting familiar with the forum.

[Hypnos 6,576]

In that case, if your income will not continue from the same source after your green card is approved then you cannot include it on your wife's I-864.

I do not believe her employment contract could be used to show proof of current income; usually that means either (i) previous federal income tax returns, or (ii) a letter from the employer stating the hours worked per week / month, current salary, etc. Since your wife has not yet started the job then I'm not sure this would apply.

You may need to investigate obtaining a joint sponsor, unless you anticipate that your wife will begin employment soon and that employment will satisfy the sponsorship requirements by itself.

[Romonster 0]

You may need to investigate obtaining a joint sponsor, unless you anticipate that your wife will begin employment soon and that employment will satisfy the sponsorship requirements by itself.

I don't think I can obtain a joint sponsor that quickly. Everything needs to be filed by next week at the latest as I am running out of time on my visa.

Her new job, starting in August, will meet the sponsorship requirements by itself. She is currently training for the job and will start it officially the second week of August. Her past employer would be of no help: she was volunteering for Volunteers of America, which is why she was not making any money and I was the one providing for her.

I am not sure what to do...is my situation allowing me to even apply?

[Hypnos 6,576]

Any overstay on your visa would not prevent you from adjusting status within the US whenever you were finally able to do so.

At this point your options seem to be:

(i) Obtain a joint sponsor and file immediately.

(ii) Wait until your wife has started her new job, obtain a letter of employment from her new employers and then file.

[Romonster 0]

My visa runs out at the end of July and I do not want to stay in the US illegally.

I also need to find a new job as soon as possible in order to pay the new rent and bills we will have once we move in August.

Let's say that I could afford to wait until September to file: would I be in trouble regarding immigration laws?

[Hypnos 6,576]

You would be out of status and, technically, deportable, but as soon as you file the I-485 you go back into legal status which persists until your application is adjudicated. Overstay is not penalised for immediate relatives of a US citizen, and would not prevent your applications from being approved.

[panda1 1]

I would suggest you to go ahead and file i-864 with your income. Provide documents that show you work legally. If its not sufficient for them, you will get a RFE. Meanwhile, you can find a joint sponsor and you don't have to worry about falling out of status.

[AnotherLostSoul 167]

I would say either do what Hypnos said, it is a good idea, or go out of status, and yes, will be illegal, but it is forgiven for immediate relatives of US citizens (which your wife is) and file when she has her job already, and can show her proof on income at her new job. Either that, or this...up to you. Good luck!

[CaroSL 68]

I would strongly advise you not to leave the US. If you do, you will have to wait till your wife has a job or you find a joint sponsor to apply anyway, then wait for 10 months or more in France while your wife is in the US. If you go out of status for a few weeks or months, it is fine because your married to a USC. You'll still be able to adjust status.

If your visa is valid till end of july, send the papers the week before the end of your visa, you'll be perfectly legal! That should let you time to find a co-sponsor.

The option to fill with your job and wait for RFE seems to be a good idea too.

Keep in mind that you have to fill for EAD to be able to work when you are waiting for your GC. It will take 3 months after you fill to get your EAD.

Also, if you want to be able to travel when you wait for your GC, fill for AP at the same time.

[bigdog 376]

File and do everything you can to stay legal, good luck.

[Romonster 0]

Thanks everyone for all the advice. It is very helpful.

I thinkl I am going to go ahead and file, adding a cover letter to the I-864 explaining the situation. I also got a letter from my wife's employer stating her yearly salary. I hope it helps make USCIS understand that we are able to support ourselves. If not, then I will try and find a joint sponsor.

Thanks again!

[CaroSL 68]

Thanks everyone for all the advice. It is very helpful.

I thinkl I am going to go ahead and file, adding a cover letter to the I-864 explaining the situation. I also got a letter from my wife's employer stating her yearly salary. I hope it helps make USCIS understand that we are able to support ourselves. If not, then I will try and find a joint sponsor.

Thanks again!

By the time they will review your application, your situation might have change (and certainly will have). They probably won't review it before august, so if you get a RFE, you will be able to send new evidence that meet the requirement thanks to your wife's new job.

Good luck!