AOS: Form i864 Questions(Student Scholarship Income)

[Uzu 0]

Hello everyone,

I've been coming here for a long time from Google, looking for answers to my questions, so first: Thank you very much for the contributions and the knowledge you are sharing. Secondly, I have few questions that I didn't find answers to, and hope that someone can answer them, or share their experiences, and hope that it might help someone else in similar situation in the future.

My situation:

I have dual citizenship ( USC and Saudi Arabia). In 2013, I came to Minnesota on Saudi Arabia Scholarship, which pays for my tution and pays on top of thay monthly stipends of $1847 for living expenses (-they dont send w2 forms for that). The total of this income is around 22k (above poverty line).

I got married to my wife last January and I am looking to adjust her status from F1 student visa into a green card permanent resident (Concurrent filing)

I have started working on the application materials 3 monthes ago, and now I am waiting for my tax transcripts for years 2013, 2014, and 2015 ( I filed lately because I had no idea about my tax obligations as I lived my whole life in SA and I thought that students don't pay tax).

My taxable income for 2014 = $22k, 2015=$22k.

My questions are regard the i864 form as follows:

Q1: Does my income qualify me to sponsor my wife ? (~ I hope it does, because I know nobody who can do so)

Q2: Am I considered unemployed? I know it is a silly question, but I am confused because I received stipends that were counted in my tax return (i.e. taxable income).

Q3: Are bank statements showing monthly deposits of the amount indicated ($1874) enough evidence? Because it is the only proof that I have, I have no w2 forms or anything else.

Q4: Are gifts from my family in Saudi Arabia considered in anticipated income for this year? Should I include it? Even if I am not claiming it on my tax return for the year ( I understand that gifts are not taxable to a limit, and its the gifter who should report that).

Q5: Do you suggest that I include prior 3 tax transcripts with income ($0,$22k,$22k), or just stick to last year tax transcript?

Sorry for the long post, and again thank you very much for reading and having this forum under our sleeves.

~Best luck to all

Bakr

[KayDeeCee 4,896]

Income is income, and you can list it, providing plenty of proof of the amount you receive each month. However, they may not accept it because it is not income that will be ongoing. It is temp income you receive to go to school.

If you are going to try it, then yes, you are basically unemployed, but I would list your employment as Student and put your current annual income from the stipend. Show the bank statements for the last 12 months, highlighting the income deposits. I would just supply the required most recent tax transcript. You should also provide whatever documentation you have from the scholarship stating how much you receive.

Gifts are not income.

Look for a joint sponsor in case they do not accept it, so you can reply to the RFE asking for one right away.

~ Duplicate topic from another forum removed ~