Affidavit form I-864 help! Do we need a co-sponsor?

[Meils 0]

Hello all!

 

Any help on this issue would be hugely helpful  

 

My husband and I are preparing our documentation for adjustment of status from K1. My husband has been filling out his Affidavit Form I-864 and we're not sure whether we need a co-sponsor or not, and the information we've been reading is rather ambiguous! So, from 2016 until October this year his income was comfortably above the minimum income requirements for the affidavit, however he quit his job and last week began part-time work while he looks for his preferred job...

 

So the dilemma is, his annual income for this calendar year overall is well above the minimum income, but the earnings of his current job will not be above the minimum going forward (that is, if we were to only use his current wage annualised). 

 

Also, if it helps, he has assets that would easily make up 5x the difference between his current wage (annualised) and the minimum income requirement.

 

Is anyone able to explain to us the financial limitations we are working in with this affidavit, and/or whether we need a co-sponsor?

 

 

Thank you!

 

(Please don't hesitate to ask clarifying questions if my language is confusing!)

 

 

Meils x  

 

 

[doggieandsam 765]

when i submitted my aos application from a k1, we only needed to submit the last 3 years' tax transcripts (ie 2014-2016). so if you guys are above the minimum requirements for those years then i think you should be fine. the 2017 income *may* only be required (i think) if you get called for an interview several months down the line (which means after the 2017 tax reporting deadline) and asked to provide an updated income statement then. we did submit a letter from my husband's employer though but i think this is an optional supporting doc so you should still be fine without it. this is based on my experience, hopefully other more experienced members will chime in.

Edited October 25, 2017 by iamdegie

[BenjaminKeating 114]

I see you went through the London Embassy like I did. As the post says above, as long as the previous three years of tax returns show you're above the minimum requirements then you will be fine.

 

However, if you want extra peace of mind it certainly doesn't hurt or affect your application in any way to use a joint sponsor - we did.

 

Better to use a joint sponsor and not need it, then to need one and get an RFE/RFIE that'll slow down your I-485 and EAD and AP.

Edited October 26, 2017 by BenjaminKeating

[NikLR 13,231]

Current income is income he is currently making not income he made thus far. 

 

You'll need a joint sponsor. 

[Wuozopo 4,293]

His income  TODAY is what counts. Quitting his job and going part time means he no longer qualifies as your sponsor. Get a joint sponsor. If he takes a well paying job before his interview, then take a brand new affidavit of support to the interview with an employer letter from the new job and pull the joint sponsor.

[Meils 0]

Ok, thank you all for your helpful replies! So at this point I'm inclined to get a co-sponsor just to be safe. I'm going to call up USCIS for some additional advice on this so I will update this thread incase it's of any help to others in a similar position. Again thank you all for your help  

[Wuozopo 4,293]

38 minutes ago, Meils said:

Ok, thank you all for your helpful replies! So at this point I'm inclined to get a co-sponsor just to be safe. I'm going to call up USCIS for some additional advice on this so I will update this thread incase it's of any help to others in a similar position. Again thank you all for your help  

 

From the instructions

Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this af davit and indicate the total in the space provided. 

 

It does not say enter last year's income. What is his current job paying? Multiply out to a year. His former job and what he earned are out. Not current. If either of you have some assets/savings, then you can offset a current income deficit with assets. 

Edited October 26, 2017 by Wuozopo

[Meils 0]

13 minutes ago, Wuozopo said:

 

From the instructions

Item Number 2. Current Individual Annual Income. Enter your current, individual, earned or retirement, annual income that you are using to meet the requirements of this af davit and indicate the total in the space provided. 

 

It does not say enter last year's income. What is his current job paying? Multiply out to a year. His former job and what he earned are out. Not current. If either of you have some assets/savings, then you can offset a current income deficit with assets. 

Ok thank you! That is exactly what I was hoping to find out! 

 

So the annual income my husband will put in to Item Number 2.  is below the minimum requirements, BUT if we include his assets he will definitely be above those minimum requirements altogether. In that case do you think it will be fine to go ahead without a co-sponsor - I'm just looking for reassurance on this one 

[Meils 0]

Also, when I phoned USCIS they were kinda helpful. The woman on the phone didn't exactly answer my question but read out the Affidavit guidelines, which seemed to align with what I've written above. 

 

Also if anyone is having trouble finding a real live person to speak to at USCIS I would suggest selecting 3 on the recorded main menu for 'change of address' and then selecting 6 which connected me to a pleasant sounding woman. I tried a few other options which only led me to automated answers. 

Edited October 26, 2017 by Meils

[Wuozopo 4,293]

17 hours ago, Meils said:

Ok thank you! That is exactly what I was hoping to find out! 

 

So the annual income my husband will put in to Item Number 2.  is below the minimum requirements, BUT if we include his assets he will definitely be above those minimum requirements altogether. In that case do you think it will be fine to go ahead without a co-sponsor - I'm just looking for reassurance on this one 

 

Go through the instructions. There is a section on use of assets...a specific formula for how much is needed to offset a shortfall of income and what assets are counted. Another - How can the intending immigrant help?

[Meils 0]

Brilliant, thank you Wuozopo!