I-864 A

[harley 0]

My husband and I are preparing to start from scratch. He was previously married to a USC but didn't get his permanent status before they divorced. Long story - Doesn't look good, but we're legit. The gist is, is that I in no way would ever qualify as a sponsor as, for personal reasons, I didn't pay taxes for a while, and owing to the same reasons, have no personal assets. Young, stupid, never thought it would bite me so badly - I'm trying to work things out with the IRS. Neither one of us has anyone who qualifies as a US citizen co-sponsor; no sisters, no brothers, no parents, nada.

I talked to USCIS and one lady told me that I could use his assets (he meets the guidelines and has some assets, both here and internationally) by filing an I-864 A form in addition to my obligatory, but futile, I-864. The way I read it, is that he would be sponsoring me to sponsor him. We have lived together and he qualifies as a "household" member. Anyway, the language on this form is ambiguous and conflicting. Any ideas on this? When I called back to clarify this form I got transfered many times until my cell phone battery died.

BTW: During his previous marriage he had an EAD above the qualifyfing income, paid taxes and all that.

I'd very much appreciate any info! Thank you.

A.Harley

[Autumnal 25]

Man. Talk about a tough situation! Hopefully someone in here can offer some helpful words of advice for you though. I don't think I've seen this situation often.

I really don't know the answer on this one, but I would assume that you both include one another in your household. Alternately, since you're married, is it possible that you might have some of those assets in your name as well? IE: property and whatnot.

[motu 6]

Your case seems more complicated than the others here. I would suggest use this site and use the "ask a lawyer" link to ask your question http://www.lawyers.com/ask_a_lawyer/todays...ionId=296126754

Good Luck

[Autumnal 25]

I have to agree -- setting up a consultation with a good lawyer would be a good idea.

[harley 0]

Thanks All! I've figured out that as long as he's been a household member for six months or more his income/assets can count on the I-864 A. His income was earned while he had a valid EAD so he shouldn't be in any trouble. I think I will pass this by an attorney anyway, thanks :-)

One more thing for the newbie here... The guy at CIS said it didn't matter, maybe it doesn't, but I have taken his name so what name/names should I use on the forms? I realize they want to know about me so should I only include his surname in my signature and my family name everywhere else? Again thanks.

harley

[ryncarr 0]

Harley, your husband's income and/or assets can be used for I-864. We were in the same situation. If his income is more than what is recommended in the poverty guidelines (>125%?) then his income should suffice. If it is not, then he should include his/yours/ or joint assets. Also once you go for AOS interview, it is important that he show his employment letter at that time to substantiate his income.

I hope this helps.

[damulag 26]

Income earned with a valid EAD and current income are two different stories, Does he have a current EAD and a current job making enough money, if so then hopefully you will be ok

[hcj 0]

What is your name after you got married? That is the name you would use. You would not use your married name in some places and your maiden name in others when filling out the forms. One or the other, not both.

If some of your documentation is still in your maiden name (for example past tax returns, although I know you said you don't have any), that is OK.