I-864 Income

[Candace17 0]

Hi,

 

I am filling the I-864 form to sponsor my husband (we got married in June 2017). I am currently in graduate school, not earning any income. In 2016 I worked and pursued my graduate degree at the same time. I filled my tax return but earned below the poverty limit. My husband just graduated and started a full-time job on July 10th 2017. He is on a POST Completion OPT EAD. His annual income is $65,000. He also worked at his school and made  $3,936 in 2017. Which give him a total income of $32,011 for 2017 (current job + school job).

For the year 2017, 125% of HHS Poverty Guidelines equals $20,300.

 

Will his income be enough for the current household income?

 

Also, I read that in order for USCIS to accept his income we need to have been living together for at least 6 months, or filled or taxes jointly in 2016, which is not the case. Will USCIS be able to accept his income as our household income? Or do we need to add a sponsor?

 

Thank you.

[TheSkywalkers 143]

5 hours ago, Candace17 said:

Also, I read that in order for USCIS to accept his income we need to have been living together for at least 6 months, or filled or taxes jointly in 2016, which is not the case.

This one is correct. Seeing that you said it is not the case, then I am afraid the only option you have is to use a co-sponsor.

 

Before you are able to use the beneficiary's income, you will need to list them as a dependent on your most recent federal tax return OR they must have lived with you for the last 6 months. Since you haven't listed him as your dependent yet and it is not yet the tax season for you to file jointly and declare him as one of your dependents, then I suggest you start looking for a friend or a family member who will serve as your co-sponsor for his AOS application.

 

Best of luck!

 

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa process and procedures" to "AOS from work/study/tourist visas" as OP is married and the spouse is currently in the USA*~*~*

[xillini 71]

8 hours ago, Candace17 said:

 

Will his income be enough for the current household income?

 

Also, I read that in order for USCIS to accept his income we need to have been living together for at least 6 months, or filled or taxes jointly in 2016, which is not the case. Will USCIS be able to accept his income as our household income? Or do we need to add a sponsor?

 

OPT income for fulfillment of I-864 can be highly subjective, depending on USCIS reviewing officers in NBC and case-by-case.

The rational behind this for this case-by-case it that OPT can be regarded as temporary source of income, albeit I have a feeling that USCIS reviewing officers are not familiar with OPT rules. 

 

To enhance the chance of avoiding RFIE, you need to add his employer's income verification letter stating specifically that they would like to continue working with him with benefit eligibility and permanent position (if it is applicable) as well as stating the expected annual income.

Also, I would recommend you include I-9 (USCIS's very its own form) because when USCIS issues RFIE, they often states "the beneficiary income must be legally authorized source of income, and I-9 can verify that it is legally authorized employment. 

(Of course, his payStub can be added as well) 

 

 

 

[CaroLeh 15]

A very similar scenario applies to me... if that is the case, would I check 1d (I am the only joint sponsor) or 1e (I am the first/second joint sponsor)!? I'd say I am still the only joint sponsor, since I am also checking item 17 (no need to complete i865A because that person is the intending immigrant), correct?