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Posted

So we recently changed our plans for when we return to the states. My husband (the immigrant) is keeping the same job he has here and will be working from home. As such we decided to use his income for the AOS instead of my dad's income since my dad hasn't actually filed his taxes this year yet. (he has an extension but he and his wife work every time the tax place is open, so picking up his taxes has become a problem) Since that had become a problem, I found on https://www.***removed***/affidavit-of-support/i-864-income-requirements.html confirmation that we could use my husband's income, but I'm confused as to which form we'd have to fill out. Could we go the household member route and both do the I-864A, or is there another form that fits our situation better. Of course we are waiting for his work to give the final OK for this plan, but hopefully, we hear within the hour if this plan is a go. Thank you in advance for any insight!

Posted

No extra form is necessary to use the funds of a spouse of the primary sponsor/petitioner. You just include his income in your household income, and note him as a household member in the appropriate lines on your I-864 (you need to provide an I-864 in all cases).

He will need to provide evidence of the income + evidence that the income will continue from the same source upon returning to the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
3 minutes ago, geowrian said:

No extra form is necessary to use the funds of a spouse of the primary sponsor/petitioner. You just include his income in your household income, and note him as a household member in the appropriate lines on your I-864 (you need to provide an I-864 in all cases).

He will need to provide evidence of the income + evidence that the income will continue from the same source upon returning to the US.

I thought that would be the case. Thank you for confirming. 

 
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