F2A Affidavit of Support question: petitioner is unemployed student

[liborutgers12 0]

Hi everyone,

I have a confusion about the affidavit of support for my case.

I'm currently a F-1 student in US and petitioned by my LPR wife, who is a student and unemployed.

We currently live together and are preparing for the I-485 adjustment of status package. For the affidavit of support part, we're confused.

The case is: LPR wife petitioned me(F-1 student). LPR wife is a student and unemployed and has no assets. LPR wife's parents are employed. LPR wife file federal tax return as a dependent of her parents for previous years. But now she moved out with me.

Since my wife is the petitioner, she has to be my sponsor and file Form I-864. She is still student and unemployed. I've been working as a research assistance on campus since 2012 fall. And my current offer letter is for 9/2015-6/2016 with total salary around $25,000. The questions are:

1) Could my income counted towards the household income requirements? Since I may graduate next year, the contract may not continue after 6/2016. Also, the offer depends on the funding, it's impossible to ask the university or the lab for any guarantee on the next year's availability.

2) If yes, how should we file? Do I need file I-864A?

3) If my income cannot be counted, does this mean that my adjustment of status fails the affidavit of support? It's said on USCIS affidavit of support page (http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support) that the sponsor has to satisfy the income requirement (she has no income and mine cannot be counted) or sufficient assets five time of the 125% of the poverty level (we do not have that much assets).

4) My wife's father and mother are employed in US and could be a joint sponsor. However, from the description on the USCIS page above, it seems to me that additional joint sponsor could not relax the financial requirements on the sponsor. I'm confused that if the petitioning sponsor has to satisfy the income requirements, why would it bother for a joint sponsor? Did I miss something?

Income Requirements

You also must meet certain income requirements (whether you are a sponsor, a joint sponsor, or a substitute sponsor). You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size.

5) Could we proceed as follows: my wife file I-864 as sponsor with household size 2 (she and me) AND her father file I-864 as joint sponsor with household size 4 (father, mother, she and me) ? My concern with the above is that could we be counted as a household with her parents? I filed my federal tax returns independently for previous years. (We just married last August. She moved out with me after the wedding.)

Sorry for the lengthy statement. Hope it is clear enough. Any help or advice is highly appreciated!

Thank you!

Paul

Edited September 15, 2015 by liborutgers12

[Pragati Soni 4]

Hi everyone,

I have a confusion about the affidavit of support for my case.

I'm currently a F-1 student in US and petitioned by my LPR wife, who is a student and unemployed.

We currently live together and are preparing for the I-485 adjustment of status package. For the affidavit of support part, we're confused.

The case is: LPR wife petitioned me(F-1 student). LPR wife is a student and unemployed and has no assets. LPR wife's parents are employed. LPR wife file federal tax return as a dependent of her parents for previous years. But now she moved out with me.

Since my wife is the petitioner, she has to be my sponsor and file Form I-864. She is still student and unemployed. I've been working as a research assistance on campus since 2012 fall. And my current offer letter is for 9/2015-6/2016 with total salary around $25,000. The questions are:

1) Could my income counted towards the household income requirements? Since I may graduate next year, the contract may not continue after 6/2016. Also, the offer depends on the funding, it's impossible to ask the university or the lab for any guarantee on the next year's availability.

2) If yes, how should we file? Do I need file I-864A?

3) If my income cannot be counted, does this mean that my adjustment of status fails the affidavit of support? It's said on USCIS affidavit of support page (http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support) that the sponsor has to satisfy the income requirement (she has no income and mine cannot be counted) or sufficient assets five time of the 125% of the poverty level (we do not have that much assets).

4) My wife's father and mother are employed in US and could be a joint sponsor. However, from the description on the USCIS page above, it seems to me that additional joint sponsor could not relax the financial requirements on the sponsor. I'm confused that if the petitioning sponsor has to satisfy the income requirements, why would it bother for a joint sponsor? Did I miss something?

5) Could we proceed as follows: my wife file I-864 as sponsor with household size 2 (she and me) AND her father file I-864 as joint sponsor with household size 4 (father, mother, she and me) ? My concern with the above is that could we be counted as a household with her parents? I filed my federal tax returns independently for previous years. (We just married last August. She moved out with me after the wedding.)

Sorry for the lengthy statement. Hope it is clear enough. Any help or advice is highly appreciated!

Thank you!

Paul

1) If after adding your $25k offer of employment and the bank balances of yourself and wife in the US are above the poverty line you should be fine and you have to just do I864A along with wife.

2) I recommend to use your inlaws income if they are willing to sponsor (whether or not living in same address as your wife) then they just have to submit I864 as a Joint sponsor.

Law says, irrespective whose income you are using to support the I864, he or she will be responsible for you till you become US citizen and pay back the US govt if you depend on federal benefits before you become US citizen. (In this case your inlaws and your wife will be responsible to payback. Your wife indirectly is responsible to her parents)

[Pragati Soni 4]

Is your wife dependant on your inlaws ?

[liborutgers12 0]

1) If after adding your $25k offer of employment and the bank balances of yourself and wife in the US are above the poverty line you should be fine and you have to just do I864A along with wife.

2) I recommend to use your inlaws income if they are willing to sponsor (whether or not living in same address as your wife) then they just have to submit I864 as a Joint sponsor.

Law says, irrespective whose income you are using to support the I864, he or she will be responsible for you till you become US citizen and pay back the US govt if you depend on federal benefits before you become US citizen. (In this case your inlaws and your wife will be responsible to payback. Your wife indirectly is responsible to her parents)

Thank you Anand. The USCIS page is very misleading at least to me and my wife on this point.

[liborutgers12 0]

Is your wife dependant on your inlaws ?

I'm not clear how can one be viewed as dependent or not.

She has filed tax return for previous years as a household dependent, and she lived together with parents before the wedding(8/2014). Since then, she moved out with me, and in my health insurance I list her as my dependent. No joint file tax return yet (because of my non immigrant status). Is she dependent of his father or mine or both?

Thanks,

Paul

[Pragati Soni 4]

I'm not clear how can one be viewed as dependent or not.

She has filed tax return for previous years as a household dependent, and she lived together with parents before the wedding(8/2014). Since then, she moved out with me, and in my health insurance I list her as my dependent. No joint file tax return yet (because of my non immigrant status). Is she dependent of his father or mine or both?

Thanks,

Paul

I meant does your father/motherinlaw still support your wife's education or anyother means ?

You should definitely file married filing joint return this year as you are elligible to do so. Tax laws allow your wife to file married jointly this will save lot of taxes irrespective of your immigrant status. Please take advise of a CPA on that part.

For I864 you should be also filing i864a if you are using $25k offer letter if you are not, then use your inlaws as joint sponsor as simple as that.

They can put your wife as their dependent if living in the same household with them and in the past they had claimed your wife as dependant child living with them.

[milimelo 4,565]

You can't file AOS until your PD is current. Wife can in the meantime get a part-time job in addition to studying.

[Pragati Soni 4]

You can't file AOS until your PD is current. Wife can in the meantime get a part-time job in addition to studying.

milimelo read the new rules published in the Oct visa bulletin. He is eligible for I485 AOS. However the AOS file will open for review only when PD is current

[liborutgers12 0]

I meant does your father/motherinlaw still support your wife's education or anyother means ?

You should definitely file married filing joint return this year as you are elligible to do so. Tax laws allow your wife to file married jointly this will save lot of taxes irrespective of your immigrant status. Please take advise of a CPA on that part.

-- Yes. Her parents support her the education tuition. There's no other means of support. We live on ourselves.

For I864 you should be also filing i864a if you are using $25k offer letter if you are not, then use your inlaws as joint sponsor as simple as that.

-- Just to make sure: we could use my inlaws as joint sponsor no matter my wife is a dependent of her parents or not, right?

They can put your wife as their dependent if living in the same household with them and in the past they had claimed your wife as dependant child living with them.

-- Following this definition, my wife is not her parents' dependent anymore. Because she doesn't live together with her parents anymore.

Thank you so much!!

[arken 4,197]

You can't file AOS until your PD is current. Wife can in the meantime get a part-time job in addition to studying.

He can apply AOS per october visa bulletin since his priority date is earlier than the AOS filing cut off date (March 2015).

@Paul,

You can include your income only if you can get a letter from your current source of income that you will remain employed that way after you get your green card. If it seems unlikely, then your income will not be counted as a means of support.

Since your LPR wife is not working, the best option is to use your in laws as joint sponsor. She has to fill the form as a sponsor even if she has no income and her parents have to file the form as a joint sponsor.

[liborutgers12 0]

He can apply AOS per october visa bulletin since his priority date is earlier than the AOS filing cut off date (March 2015).

@Paul,

You can include your income only if you can get a letter from your current source of income that you will remain employed that way after you get your green card. If it seems unlikely, then your income will not be counted as a means of support.

Since your LPR wife is not working, the best option is to use your in laws as joint sponsor. She has to fill the form as a sponsor even if she has no income and her parents have to file the form as a joint sponsor.

Thank you arken. I'll use my in-laws as joint sponsor to support me.

[Pragati Soni 4]

In my case when my parents were filing I864 for my GC they reported 0 income and supplemented the I864 with jointsponsor of my cousin.

My cousin never counted my parents in the family even though the address they lived was the same.

Bottomline..as long as there is significant income to go above poverty line, they will accept I864.

So your wife files I864 to sponsor you with 0 income and your inlaws file I864 as jointsponsor to support you.

[liborutgers12 0]

In my case when my parents were filing I864 for my GC they reported 0 income and supplemented the I864 with jointsponsor of my cousin.

My cousin never counted my parents in the family even though the address they lived was the same.

Bottomline..as long as there is significant income to go above poverty line, they will accept I864.

So your wife files I864 to sponsor you with 0 income and your inlaws file I864 as jointsponsor to support you.

This completely eliminates my concerns!!! Thank you!!

[newacct 688]

1) If after adding your $25k offer of employment and the bank balances of yourself and wife in the US are above the poverty line you should be fine and you have to just do I864A along with wife.

The sponsored immigrant does not need to fill out I-864A to have their income counted, unless a derivative child is also being sponsored.