Concerns with i-864!

[rangers_texas 2]

I am in the process of filling out paperwork for AOS and for my green card. I got married in August. I have some major concerns with the I-864 as my wife is still in school and has been for the last 4 years. What will happen if I mail out the documents and the I-864 shows that she is below the poverty line because she has been in school?

Also, what is the process time on these forms? I am currently on an OPT which expires on February 14th and I am concerned about not having a work permit by then.

[Gail83 21]

I'm pretty sure you need to fulfill the requirements of the I-864 at the point of submission so it looks like you guys need to find a co-sponsor. As you are currently on OPT I'm not sure how work authorization works for your case but I imagine if you are filling for an Employment Authorization Document, form I-765, then the usual processing time of up to 90 days applies. From what I've seen on here they seem to be approved around the 60 -65 day mark at the moment.

Hope this helps.

[rangers_texas 2]

I'm pretty sure you need to fulfill the requirements of the I-864 at the point of submission so it looks like you guys need to find a co-sponsor. As you are currently on OPT I'm not sure how work authorization works for your case but I imagine if you are filling for an Employment Authorization Document, form I-765, then the usual processing time of up to 90 days applies. From what I've seen on here they seem to be approved around the 60 -65 day mark at the moment.

Hope this helps.

I have an EAD and I have been working and my income is above the poverty line but it says I need to show my tax return which I don't have yet as I started in March.

Edited October 30, 2013 by rangers_texas

[Gail83 21]

My apologies, I guess your AOS will be different to the process I'll go through. Sorry I couldn't help. I hope someone is able to answer your query.

[Darnell 8,479]

your petitioner/sponser will need to either:

1. show assets or

2. get a joint sponser or co-sponser on you.

[Ryan H 3,834]

Moved from AOS/Family Bases Visas forum to AOS/Work, Student & Tourist Visas forum.

[newacct 688]

I have an EAD and I have been working and my income is above the poverty line but it says I need to show my tax return which I don't have yet as I started in March.

What needs to meet the poverty level is your current income (i.e. as of right now). Not past or future income. If your current income is enough then that's it. You're good to go.

Yes, you also need to give some past tax return information. That has nothing to do with the current income.

[rangers_texas 2]

What needs to meet the poverty level is your current income (i.e. as of right now). Not past or future income. If your current income is enough then that's it. You're good to go.

Yes, you also need to give some past tax return information. That has nothing to do with the current income.

My current income is over the poverty line. Do I just send off copies of pay stubs since I do not have a tax return for this year?

[newacct 688]

My current income is over the poverty line. Do I just send off copies of pay stubs since I do not have a tax return for this year?

Yes, pay stubs, and, optionally, a letter from the employer would help a lot.

[rangers_texas 2]

Yes, pay stubs, and, optionally, a letter from the employer would help a lot.

I can get that no problem. I am still worried about not receiving my work permit by the time my OPT ends!

[Harpa Timsah 13,258]

Any employment letter you get (as the beneficiary) will need to show that you will continue the same job after you get your GC.

[rangers_texas 2]

I have put myself on the I-864 form and have put my annual income and I am over the poverty line.. Do I need to complete the I-864a if I do not have any dependents?

[Harpa Timsah 13,258]

I have put myself on the I-864 form and have put my annual income and I am over the poverty line.. Do I need to complete the I-864a if I do not have any dependents?

No. You can add your income to the USC sponsor's I-864.

[Nich-Nick 3,354]

The sponsor, not the intending immigrant, is required to submit the latest tax return OR a reason she was not required to file.

Have you read the instructions?

From page 6

b. If you included the income of the intending immigrant who is your spouse (he or she would be counted on Item Number 7. of Part 5.), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children.

So your employer letter would have to say your job and income will continue when you get work authorization. If it ends with no chance to continue that job, then it can't be counted.

On page 7

6. - 8. Assets of the Intending Immigrant.

You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this form. Form I-864A is not required to document the intending immigrant's assets.