I-130, I-864, I-485, and Joint Sponsor questions...

[new2thezoo 1]

Hi there,

I'm a US citizen sponsoring my husband for an I-130; we are both currently in the US. He is in the US on a work visa, so we will be submitting an Adjustment of Status (I-485) for him at the same time (L1-A to I-130). We live together, and our household is 2, just he and I. I'm unemployed, so his income is our sole source of income.

If I understand correctly, as long as we can show evidence that his employment will continue after becoming a permanent resident, we can use his income (the intending immigrant) to meet the income requirements for the I-864 Affidavit of Support. Would a copy of his contract (with no end date stated) and a letter from his employer stating they intend to keep him employed suffice as evidence? Or would his employer also have to submit a form? If so, which form? They wouldn't be considered a co-sponsor, would they? And what would happen if he wants to take a different job once he becomes a permanent resident?

Additionally, we each have investment accounts (stocks, bonds, etc.) that we could consider as assets for the I-864. Do retirement accounts also count?

If my husbands income can be used, what kind of tax information would he submit, as he has only been living in the US for less than a year and has not filed any tax returns yet? For me, in the last 3 years, I have only worked for 6 months, and those 6 months occurred this year so I don't have any tax returns to submit either (none for 2 years while I was overseas and none yet for the 6 months I worked this year).

If all of this seems like it might not be the way to go and we need a joint sponsor, my father has agreed. However, he is currently retired with income coming from retirement, SS, etc. Those are considered income, correct?

Whew. Answers to those questions should keep me going for a while, ha. Thanks for any and all help!

[Penguin_ie 5,997]

**** Moving from Bringing Family to AOS from Work visa ******

[shanneykar 18]

Hi there,

I'm a US citizen sponsoring my husband for an I-130; we are both currently in the US. He is in the US on a work visa, so we will be submitting an Adjustment of Status (I-485) for him at the same time (L1-A to I-130). We live together, and our household is 2, just he and I. I'm unemployed, so his income is our sole source of income.

If I understand correctly, as long as we can show evidence that his employment will continue after becoming a permanent resident, we can use his income (the intending immigrant) to meet the income requirements for the I-864 Affidavit of Support. Would a copy of his contract (with no end date stated) and a letter from his employer stating they intend to keep him employed suffice as evidence? Or would his employer also have to submit a form? If so, which form? They wouldn't be considered a co-sponsor, would they? And what would happen if he wants to take a different job once he becomes a permanent resident?

Additionally, we each have investment accounts (stocks, bonds, etc.) that we could consider as assets for the I-864. Do retirement accounts also count?

If my husbands income can be used, what kind of tax information would he submit, as he has only been living in the US for less than a year and has not filed any tax returns yet? For me, in the last 3 years, I have only worked for 6 months, and those 6 months occurred this year so I don't have any tax returns to submit either (none for 2 years while I was overseas and none yet for the 6 months I worked this year).

If all of this seems like it might not be the way to go and we need a joint sponsor, my father has agreed. However, he is currently retired with income coming from retirement, SS, etc. Those are considered income, correct?

Whew. Answers to those questions should keep me going for a while, ha. Thanks for any and all help!

I have the similar case recently filed but had tax returns.

I would suggest to go with joint sponsor. Any body can be a joint sponsor so why risk.

As for as proof of continued employment a letter from employer (check i864 intruction on details should be in letter ), 6 month pay stubs, proof of living in same residence, explanation letter why tax not filed for 2012,13,14.

You can check my post for reference to list of docs. Again get a joint sponsor

[shanneykar 18]

And you can change jobs after ead or becoming PR. It does state same source but it is loosely coined as per few topics here I read.

[new2thezoo 1]

Ah, thank you Shanneykar! This helps quite a bit. Your list of what you submitted for your AOS is a great resource! Wishing you the best of luck in getting your application approved easily and quickly

To follow up on some of my other questions, I did a little digging concerning adding my retired father as a joint sponsor. Seems as long as he submits W2s and/or 1099s showing proof of where his retirement income is coming from (pensions and SS), and it is above 125% of the poverty line, he should be fine. He'll also attach copies of his tax returns. Adding him as a joint sponsor may not be needed (since my husbands income is sufficient), but as you said, it's easy enough to add a joint sponsor so why risk it.

I also researched further and learned that my husband and I won't need to submit any asset information since his income is well above the poverty line, and my dad's income (as a joint sponsor) is also well above the poverty line.

I will follow your advice concerning adding letters of explanation on why my husband and I are not submitting tax returns. Thanks!

Overall, thank you again for your guidance. I will continue to post when/if more questions come up.

Thanks!

[shanneykar 18]

Glad I can help.

The docs that hot me late putting the package together are :

Court certified copies of my traffic incident as fine is > $500

IRS tax transcript for year 2014. They send to address on file which is my old address which then delivered by USPS with change of address set

My wife's birth certificate. Her original is but damaged so ordered New from vital for MI. It is delivered quick though.

If any of these applies to you order them as a first thing. I see mostly transcript might apply to your father.USCIS do accept copy of tax returns with W2 but getting transcript is free and is preferred I guess.

Good luck to you too.