Us citizen married to f-1 student but income is not enough to sponsor her for this year

[Duy Nguyen 3]

Im a us citizen and my wife is f-1 student. We been married since august. My question is that can I filed i-130 for her even thought my income is only 10k for 2015 and not enough to sponsor her. I cant find anyone to help us sponsor her. I guess we have to wait until next year but i notice the uscis fees going to increase on december . Can I file sponsor for her first and wait if I can find someone to sponsor for us now or maybe wait until next year to file the paperwork then so I have enough income to sponsor her? Thanks

[JFH 12,191]

*~*~*moved from "CR-1 spouse visa process and procedures" to "adjustment of status from work/study/tourist visas" as this is more appropriate to the OP's situation*~*~*

[A'n'L 735]

Are you planning on filing for a visa or for adjustment of status inside the US? For the latter, you'll need the sponsor earlier in the process and might get flat out denied if unable to find one within a shorter timeframe. So, I would wait with that.

Edited November 1, 2016 by A'n'L

[evalili 10]

Are you planning on filing for a visa or for adjustment of status inside the US? For the latter, you'll need the sponsor earlier in the process and might get flat out denied if unable to find one within a shorter timeframe. So, I would wait with that.

yes I agree. you can file adjustment of status (AOS), and find a co sponsor for her before filing because AOS happens quickly. if you can't find one just yet then wait until you can sponsor her before you file.

https://www.uscis.gov/i-485

Edited November 1, 2016 by evalili

[Duy Nguyen 3]

My uncle willing to be our cosignor but he already filed a sponsor for my aunt and her children back in 2010. Do I have to listed them on form i-864? My income for 2015 is $8935 and their income which is 34200 . If both income is 4combine which will be $43015 . Its only enough for 5 people but if i added them on previous sponsor which will be 7 people total which bring the total household income to $45912 ? My question how long fo i have listed them on on i-864?

Edited December 13, 2016 by Duy Nguyen

[EM_Vandaveer 2,417]

My uncle willing to be our cosignor but he already filed a sponsor for my aunt and her children back in 2010. Do I have to listed them on form i-864? My income for 2015 is $8935 and their income which is 34200 . If both income is 4combine which will be $43015 . Its only enough for 5 people but if i added them on previous sponsor which will be 7 people total which bring the total household income to $45912 ? My question how long fo i have listed them on on i-864?

You can't combine your income with your joint sponsor's, unless you live in the same household.

They have to be listed by your uncle. Even if they become USCs, they are still his household members, so they'd be on his I-864 one way or another.

Your uncle has to list: himself, his household members and the intending immigrant (your wife). He doesn't have to list you. He has to show enough income on his own (not combined with your income) for his household count plus ONE (the intending immigrant).

Edited December 13, 2016 by EM_Vandaveer

[Lemonslice 4,989]

My uncle willing to be our cosignor but he already filed a sponsor for my aunt and her children back in 2010. Do I have to listed them on form i-864? My income for 2015 is $8935 and their income which is 34200 . If both income is 4combine which will be $43015 . Its only enough for 5 people but if i added them on previous sponsor which will be 7 people total which bring the total household income to $45912 ? My question how long fo i have listed them on on i-864?

What is your income for 2016?

[aaron2020 11,651]

My uncle willing to be our cosignor but he already filed a sponsor for my aunt and her children back in 2010. Do I have to listed them on form i-864? My income for 2015 is $8935 and their income which is 34200 . If both income is 4combine which will be $43015 . Its only enough for 5 people but if i added them on previous sponsor which will be 7 people total which bring the total household income to $45912 ? My question how long fo i have listed them on on i-864?

You can not combine income with your uncle.

You as the petitioner file an I-864. Your Joint Sponsor files his own I-864.

If your aunt and her children are green card holders, then your uncle must include them in his household. Your uncle's I-864 obligations for them last until they become US citizens, they lose their green card status, or someone dies. Your aunt and her children would only go on your uncle's I-864.

Your uncle does not make enough. You need to find another Joint Sponsor.

[Duy Nguyen 3]

Hello and thank you for your kind helps,

His income for the year of 2015 is $34066 . Their household size is 3 people for now but he also sponsor his wife from vietnam back in 2010 .if i count them from previous sponsor the household size would be 5? Or 3? My income is $8935 . Can somebody body clarify is it enough to sponsor my wife? Thanks so mich forbtour prompt reponse .

Edited December 14, 2016 by Duy Nguyen

[EM_Vandaveer 2,417]

Hello and thank you for your kind helps,

His income for the year of 2015 is $34066 . Their household size is 3 people for now but he also sponsor his wife from vietnam back in 2010 .if i count them from previous sponsor the household size would be 5? Or 3? My income is $8935 . Can somebody body clarify is it enough to sponsor my wife? Thanks so mich forbtour prompt reponse .

Has his wife become a USC yet? If not, then he needs to count 5. His income isn't enough. He'd need $35,550 at least. Your income CANNOT be combined with his, so it doesn't matter how much it is (other than to determine you need a joint sponsor).

To clarify: you say his household count is 3 people? Does that include his wife? Nobody has to be counted twice. Even if he sponsored her wife, she's only counted once, as her wife, NOT again as a sponsored immigrant.

Edited December 14, 2016 by EM_Vandaveer

[Duy Nguyen 3]

No his wife and children still green card holder.Include my wife thats would 4 people. My uncle and his wife and his 12 year old daughter ?

Edited December 14, 2016 by Duy Nguyen

[aaron2020 11,651]

Who has your uncle signed an I-864 for?

[Duy Nguyen 3]

His wife and their biological daughter in vietnam back then in 2010. Also, I want to know is it possible he can cosign for my wife?they are now living with him at his house.

Edited December 14, 2016 by Duy Nguyen

[EM_Vandaveer 2,417]

Like I said, if his household is himself, his wife and his daughter then that's a household of 3. Plus the intending immigrant would make it 4. So he may be your joint sponsor (unless you live in Hawaii or Alaska where the poverty level is higher therefore he doesn't qualify).

[Duy Nguyen 3]

Thank you so mụch everybody !