Wife (sponsor) quit her job, she has already made the minimum requirement. is it OKAY?

[Changoleon 7]

Hi folks,

So I have applied for my AOS last October. My wife is my sponsor. But last month she had to quit her job for some reasons. She has already made the minimum required income in our state. I was wondering if it is okay not to have a job in the interview day? Does anybody have related experience?

SD

[aaron2020 11,651]

Hi,

You will need a Joint Sponsor. You will need an I-864 from the Joint Sponsor for your interview.

Not having a job means her current income is zero. It doesn't matter what she made from the job that she quit. It's current income that matters.

Edited July 21, 2016 by aaron2020

[teeak 224]

I agree with the above poster. Find a joint sponsor and have them complete an I-864 (with financial evidence) and bring it to the interview along with your wife's updated I-864 showing that she is currently unemployed.

Edited July 21, 2016 by teeak

[Changoleon 7]

Hi,

You will need a Joint Sponsor. You will need an I-864 from the Joint Sponsor for your interview.

Not having a job means her current income is zero. It doesn't matter what she made from the job that she quit. It's current income that matters.

Thank you.

Please click on the following link: https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Minimum income requirement for household of 2 is 125% of poverty line which is $20,025 ANNUALLY. Do you still believe we need a co-sponsor?

"Not having a job means her current income is zero" --> You are right her current income is zero, but her annual income for this year is $ 40,000.

Just wanted to make sure before we take any action.

Thank you

[Unlockable 7,314]

Her annual income was in the past. What if she doesn't find work for 6 months or a year? What if you need government assistance until she finds a new job?

This is what USCIS is concerned about.

Edited July 21, 2016 by NuestraUnion

[aaron2020 11,651]

Thank you.

Please click on the following link: https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Minimum income requirement for household of 2 is 125% of poverty line which is $20,025 ANNUALLY. Do you still believe we need a co-sponsor? See my answer above.

"Not having a job means her current income is zero" --> You are right her current income is zero, but her annual income for this year is $ 40,000. The requirement is current income. It doesn't matter that she made $40,000 from A JOB SHE NO LONGER HAS.

Just wanted to make sure before we take any action.

Thank you

[Unidentified 2,930]

Thank you.

Please click on the following link: https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Minimum income requirement for household of 2 is 125% of poverty line which is $20,025 ANNUALLY. Do you still believe we need a co-sponsor?

"Not having a job means her current income is zero" --> You are right her current income is zero, but her annual income for this year is $ 40,000.

Just wanted to make sure before we take any action.

Thank you

She can't have an annual income as she is no longer working. Her income is 0. What she has earned is not relevant. She has to prove that she can support the two of you. Which she can't now that she is unemployed. You will need a sponsor.

[KayDeeCee 4,893]

Thank you.

Please click on the following link: https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Minimum income requirement for household of 2 is 125% of poverty line which is $20,025 ANNUALLY. Do you still believe we need a co-sponsor?

"Not having a job means her current income is zero" --> You are right her current income is zero, but her annual income for this year is $ 40,000.

Just wanted to make sure before we take any action.

Thank you

Current annual income, not what she made a year in the past. She currently is unemployed and has no income at all. She would have to put that she is unemployed and her current annual income is $0 on an updated I-864.

Are you working? You have your EAD, correct? Does your income meet the requirement? If so, and if you have an interview, she could list your income on her I-864 so the current annual household income meets the requirement. You would need to provide proof that your income would continue from the same source once you become a permanent resident. If not, bring an I-864 and supporting documents from a joint sponsor.

Have you received an interview notice? It is also possible to be approved without an interview when adjusting from a K-1. You would not have to supply a new I-864 in that case. If you did get an interview notice, then see above.

[Villanelle 4,122]

It is also possible to have an interview and NOT be asked for the updated 864.

[aaron2020 11,651]

It is also possible to have an interview and NOT be asked for the updated 864.

That's misrepresentation by omission. There is an affirmative obligation to update the I-864 when there is a material change.

Edited July 22, 2016 by aaron2020

[Villanelle 4,122]

Where does it say that?

[Ash.1101 1,756]

Page 14.

"If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-864, we will deny your Form I-864 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. The U.S. Government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration. If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States."



By not updating it, you are lying. You are going to say she has a job CURRENTLY at the interview, that she doesn't have, you're going to show paystubs with money she doesn't make CURRENTLY.

The AOS isn't just dated the date it's filled out, but also done by USCIS https://www.uscis.gov/sites/default/files/files/form/i-864.pdf

In that top box, they will put the date they have the form. The form's validity is based on the date THEY see it and the date THEY put, if the information is wrong and you KNOW it's wrong, you can't go back and say "oh well it was right when I filled it out MONTHS ago" because you knew it was wrong the date THEY put on the form, which is the interview date.


This isn't something to ever risk. Get a cosponsor. The longer the time between filing and the interview, the more likely they are to ask if all the forms are still up to date or if so and so still works X job.

Edited July 22, 2016 by Ash.1101

[Villanelle 4,122]

Page 14.

"If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-864, we will deny your Form I-864 and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution. The U.S. Government may pursue verification of any information provided on or in support of this affidavit, including employment, income, or assets with the employer, financial or other institutions, the IRS, or the Social Security Administration. If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States."

This paragraph is N/A. If you conceal a material fact or submit false documents with your 864 etc etc/ If you include info you know to be false etc. That all refers to the time the form is filed. Nothing to do with reporting changes or swearing the form is accurate at the time of review.

By not updating it, you are lying. You are going to say she has a job CURRENTLY at the interview, that she doesn't have, you're going to show paystubs with money she doesn't make CURRENTLY.

The AOS isn't just dated the date it's filled out, but also done by USCIS https://www.uscis.gov/sites/default/files/files/form/i-864.pdfIn that top box, they will put the date they have the form. The form's validity is based on the date THEY see it and the date THEY put, if the information is wrong and you KNOW it's wrong, you can't go back and say "oh well it was right when I filled it out MONTHS ago" because you knew it was wrong the date THEY put on the form, which is the interview date

I never suggested saying she had a job in the interview if she doesnt.

And yes, I see the top box where it states- Sec 213a review does meet or does not meet. Along with reviewed by, office and date. Sure its dated when they review it but thats where I dont see the relevance in what you posted. On the interview date it gets reviewed. It can then become 'enforceable'. Enforceable is also known as 'valid' using USCIS terminology or it can be 'rejected' and inadmissible. Also relevant is the actual filing date (and therefore having correct info at the time of filing)

No where does it state the information must still be correct SINCE the time of filing. It states it must be correct at the time of filing. If you have contradicting policy memos or guidelines I would be interested to see it.They also have very strict guidelines about when or why to ask for additional info. Basically it has to be more then one year and they have some reason to ask. It cant just be time. It could also be just a reason and no time frame.

(B) If more than one year passes between the filing of an affidavit of support or Form I-864A and the hearing, interview, or examination of the intending immigrant concerning the intending immigrant’s application for an immigrant visa or adjustment of status, and the Department of State officer, immigration officer or immigration judge determines, in the exercise of discretion, that the particular facts of the case make the submission of additional evidence necessary to the proper adjudication of the case, then the Department of State officer, immigration officer or immigration judge may direct the intending immigrant to submit additional evidence.

CIS policy

memorandum states a change: if the information on the tax return

establishes that the sponsor's current income meets the poverty

guidelines for the year the sponsor signed the Form I-864, the

adjudicator shall determine that the Form I-864 is sufficient

without requesting any further documentation, such as more

recent evidence of employment or income, unless there is a

specific reason (other than the passage of time) to question

whether the evidence of income is still reliable. Additional

evidence (i.e., employment letter(s), pay stub(s), or other

financial data) should be requested in two specific situations:

one, the tax return reflects income that does not meet the

poverty guidelines as of the time of filing and the record does

not already contain additional evidence that the sponsor meets

the current income requirements or, two, the facts of the case,

as supported by the evidence in the record, provide a specific

reason (other than the passage of time) to believe that the

sponsor's income is no longer sufficient. In either of these

situations, the adjudicator shall request current income

information and determine from the additional evidence whether

the I-864 is sufficient under the poverty guidelines in effect

at the time of adjudication.

Furthermore policy states they look at the income at the time it was filed in accordance to the poverty guidelines at that time. If your income tax is sufficient you do not even need proof of current income. People include it because it holds weight to future income potential- something you also need to get approved. But I ask you this. If you were a teacher who gets paid 26 times a year then you would not have a current stub. Your annual income can be at a sufficient level regardless of paystubs. Some contractors do not work in the winter, some dont work in the summer. They also can still have an annual income over the poverty line. Granted a teacher may have a contract but I know my gardener doesnt and he only works summers and spring. You have to realize the guidelines were written to cover all sorts of employment situations. They do not exclude seasonal workers. It also does not state you need current weekly or monthly income. It says annual income. How long it takes you to earn that varies.

(v)(A) Except as provided for under paragraph (a)(1)(v)(B) of this section, the Department of State consular officer, immigration officer, or immigration judge will determine the sufficiency of the affidavit of support based on the sponsor’s, substitute sponsor’s, or joint sponsor’s reasonably expected household income in the year in which the intending immigrant filed the application for an immigrant visa or for adjustment of status, and based on the evidence submitted with the affidavit of support and the Poverty Guidelines in effect when the intending immigrant filed the application for an immigrant visa or adjustment of status.

© Sufficiency of income. Except as provided in this paragraph, or in paragraph (a)(1)(v)(B) of this section, the sponsor’s affidavit of support shall be considered sufficient to satisfy the requirements of section 213A of the Act and this section if the reasonably expected household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status, calculated under paragraph ©(2)(iii)(A) of this section, would equal at least 125 percent of the Federal poverty line for the sponsor’s household size as defined in 8 CFR 213a.1 under the Poverty Guidelines in effect when the intending immigrant filed the application for an immigrant visa or for adjustment of status, except that the sponsor’s income need only equal at least 100 percent of the Federal poverty line for the sponsor’s household size, if the sponsor is on active duty (other than for training) in the Armed Forces of the United States and the intending immigrant is the sponsor’s spouse or child. The sponsor’s household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status shall be given the greatest evidentiary weight; any tax return and other information relating to the sponsor’s financial history will serve as evidence tending to show whether the sponsor is likely to be able to maintain his or her income in the future. If the projected household income for the year in which the intending immigrant filed the application for an immigrant visa or adjustment of status meets the applicable income threshold, the affidavit of support may be held to be insufficient on the basis of the household income but only if, on the basis of specific facts, including a material change in employment or income history of the sponsor, substitute sponsor, joint sponsor or household member, the number of aliens included in Forms I-864 that the sponsor has signed but that have not yet entered into force in accordance with paragraph (e) of this section, or other relevant facts, it is reasonable to infer that the sponsor will not be able to maintain his or her household income at a level sufficient to meet his or her support obligations.

It is my opinion and you can disagree that the form needs to be accurate when you fill it out and sign it. IF its been a year and they have a reason to believe somethings changed they can ask for updated info. IF they just believe something has changed they can ask for updated info. If they dont ask then you are under no obligation to tell them there has been a change. The form does not require it and I can not find any policy dictating such. So if they ask you if its all correct still you have to be truthful. It can still be approved. If they do not want to approve it you based on the change you will get an RFE for a joint sponsor.

So I do agree with this last part. "The longer the time between filing and the interview, the more likely they are to ask if all the forms are still up to date or if so and so still works X job."

[Ash.1101 1,756]

I guess I consider that a massive oversight on their part.



Well at the least, isn't there a possibility that they will want an updated I-864 since when they filed the past three tax years were 2014, 2013, 2012, and not the most recent tax year?


I don't think I could go to an interview with the government, who could run the information for confirmation prior to interview or post interview, and risk any of that coming back to haunt me. It's just not something I'd feel comfortable with, even if the government doesn't require an update.


Wish the best of luck to the OP though.

[KayDeeCee 4,893]

Completely agree with Damara. If they do not ask for updated financial information at the interview, then no need to provide it then either. Just bring it in case asked. We were never asked for any evidence/forms of any kind at my husband's AOS interview.

It is not hiding anything. When they filled out the form, it was correct information. They can be approved without interview and ever updating their employment status. No misrep involved. You do not have to update your I-864 and financial info everytime the sponsor changes their job, income, or becomes unemployed after the green card is approved. Nothing stopping someone from getting the green card approved and quitting their job the next day, other than needing the income to live of course. If approved without interview, or never asked for updated forms at the interview and approved, you are good.