I-864 using the combined income of the sponsor and spouse

[silkroad2000 1]

Hi All, 

 

My wife and I are both PhD students in US. My wife is a US citizen and she is petitioning for my green card application. Her income is 1000$ short of the poverty line for the family of size two (she is a PhD student). However I read the following lines in the instructions. 

 

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children. 

 

As I understand, since I am the only immigrant without any children and already living in the same household together, our combined income can be used to determine the poverty line. And, I do not need to fill the I-864A form.

 

Question 1: I would appreciate if someone verifies that my understanding of the statement is correct. 

Question 2: I am about to graduate this summer. Therefore, the department cannot issue a letter that I would remain a student for the next year. However, already have job offers with six figure salary and I have attached it to the documents. Do you think that would be enough to demonstrate the case?

 

Thank you all

[Transborderwife 4,666]

11 minutes ago, silkroad2000 said:

Hi All, 

 

My wife and I are both PhD students in US. My wife is a US citizen and she is petitioning for my green card application. Her income is 1000$ short of the poverty line for the family of size two (she is a PhD student). However I read the following lines in the instructions. 

 

If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children. 

 

As I understand, since I am the only immigrant without any children and already living in the same household together, our combined income can be used to determine the poverty line. And, I do not need to fill the I-864A form.

 

Question 1: I would appreciate if someone verifies that my understanding of the statement is correct. 

Question 2: I am about to graduate this summer. Therefore, the department cannot issue a letter that I would remain a student for the next year. However, already have job offers with six figure salary and I have attached it to the documents. Do you think that would be enough to demonstrate the case?

 

Thank you all

Are you here on a student visa?  Do you have OPT?

 

if none of these then no.  If you're not going to have a status you cannot use a job offer for a job that you don't have permission to work during.

[silkroad2000 1]

I am here on F-1 Visa but I don't have OPT.

My income is from my scholarship that I get from school as a PhD research assistant. 

 

Also, won't I get the EAD card after three months of sending my package? So, I would be able to work, right?

 

 

[Transborderwife 4,666]

9 hours ago, silkroad2000 said:

I am here on F-1 Visa but I don't have OPT.

My income is from my scholarship that I get from school as a PhD research assistant. 

 

Also, won't I get the EAD card after three months of sending my package? So, I would be able to work, right?

 

 

Nope.  Doesn't count cause the EAD is dependent on your greencard, get denied and that income no longer is there.  If it were that easy most immigrants wouldn't need a co sponsor.

[silkroad2000 1]

Thank you for your answer. Her income is only 1000$ short of the poverty line amount. But we have 25000$ worth of stocks in our investment account. Which is more than 5 times the difference of the income and poverty line. So, can we rely on those assets to help us? Do you think that we still need a co-sponsor? 

[Transborderwife 4,666]

34 minutes ago, silkroad2000 said:

Thank you for your answer. Her income is only 1000$ short of the poverty line amount. But we have 25000$ worth of stocks in our investment account. Which is more than 5 times the difference of the income and poverty line. So, can we rely on those assets to help us? Do you think that we still need a co-sponsor? 

I'm unsure about stocks, I don't know if they're a liquid asset 

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.