Using own income or getting joint sponsor in AoS?

[twomuchcandy 3]

Hi everyone!

 

I am just starting out the process of figuring out everything regarding adjustment of status via marriage. I am a F-1  student, and have been in the U.S. for 4 years doing my PhD. I am getting married soon to my fiance and classmate (U.S. citizen), and I have a question regarding form 864. My husband's income is not enough to meet the line required.

I was thus thinking of adding my income to my husband's form 864 (Work for university, PhD stipend), which would make the income enough. However, I am wondering if getting a joint sponsor is better, given that my  employment will only last until I graduate (2 years from now), and a letter from my employer will state such. Any guidance would be useful!

 

Thanks.

[aleful 1,905]

hi

 

she will need a joint sponsor since your income won't continue after you graduate

 

 

[twomuchcandy 3]

Thanks! Should I still include my income in form 864? For completeness?

 

[JudyWilde 20]

Hello, you will need to provide evidence that proves you own assets that are at least three times of the difference between your husband's income and the 2018 HHS Poverty Guidelines Standard for a household of 2(I assume that you do not have children yet). Since you are an international student, I would imagine you own the sufficient amount of the asset needed. Check the USCIS I-864 Form Instructions. Read every line carefully. You will find answers to all your questions about the income insufficiency. 

 

If you find a joint sponsor, they have to be U.S. citizens and have to demonstrate they make enough to provide for their own families as well as your household. Their financial obligations for you only end when you become a U.S. citizen. I highly doubt any friend would be willing to do this. The joint sponsor possibility proposed by the USCIS is completely stupid. 

[aleful 1,905]

hi

 

no, your income isn't counted

[twomuchcandy 3]

I already have a joint sponsor (U.S. citizen) who is willing to fill out a form 864 for me. What I was wondering is if its better to not do that and go with my own income i make will working to the university. 

[4rmGhanaliveinATL 13]

Well, not long ago I found myself in this same position . I wished I did a little digging before posting my AOSdocuments.

Here is a little background info about me. I I’m in a Phd program and got married with to my gf.  She earns 12k and I make approximately 21k . Obviously I’m the immigrating spouse or the beneficiary. We filed everything correctly and as at now I have my biometric appointment scheduled for August 3rd. I haven’t received any RFE as at now . 

 

I added most of the documents in the attached photo but from my little digging which was after I filed my AOS I realize it is important to add the USCIS regulation that shows that an F1 student is eligible to work on campus. This document is called the 8 CFR 214.2(f)(9)(I). It is stated emphatically in the above document that student are eligible to work on campus( in my opinion USCIS should already know this. But I see most students get RFEd to show that their Income was earned legally via authorized employment)

 

I am not anticipating to get RFEd but if it happens the best solution is to send a letter stating that my income was lawfully earned.

 

 

I hope this information goes a long way to help every graduate student in this predicament.

Edited July 22, 2018 by 4rmGhanaliveinATL

[Dee elle 1,368]

On 19/07/2018 at 7:34 PM, twomuchcandy said:

I already have a joint sponsor (U.S. citizen) who is willing to fill out a form 864 for me. What I was wondering is if its better to not do that and go with my own income i make will working to the university. 

They don’t care whether you meet the sponsor level or you need a joint sponsor. They just want the papers and an approvable  sponsor. Getting a joint sponsor at the start can often be a lot simpler than trying on your own paperwork first, getting an RFE, and then trying to find a joint sponsor. 

[geowrian 22,337]

A number of people recently have had trouble getting their income earned while on F1 considered for the I-864. While legally authorized, the IO may determine that the income may not continue from the same source. This is completely within their discretion.

[4rmGhanaliveinATL 13]

If someone has the luxury of getting a joint sponsor he shouldn’t have to deal with the risk of including his income in the first place .On the other hand, some people may not have that luxury of getting a joint sponsor or co sponsor and in that case would have to do it by themselves. 

 

Well I’m hoping he is  also Phd student. In that case his income stream or source is guaranteed for the next 5 years at the barest minimum.

 

 

[aznhouston 132]

I'm wondering how many answers here are from real experience, or just plain circulation or assumptions?

 

Except for this:

4 hours ago, 4rmGhanaliveinATL said:

Well, not long ago I found myself in this same position . I wished I did a little digging before posting my AOSdocuments.

Here is a little background info about me. I I’m in a Phd program and got married with to my gf.  She earns 12k and I make approximately 21k . Obviously I’m the immigrating spouse or the beneficiary. We filed everything correctly and as at now I have my biometric appointment scheduled for August 3rd. I haven’t received any RFE as at now . 

 

I added most of the documents in the attached photo but from my little digging which was after I filed my AOS I realize it is important to add the USCIS regulation that shows that an F1 student is eligible to work on campus. This document is called the 8 CFR 214.2(f)(9)(I). It is stated emphatically in the above document that student are eligible to work on campus( in my opinion USCIS should already know this. But I see most students get RFEd to show that their Income was earned legally via authorized employment)

 

I am not anticipating to get RFEd but if it happens the best solution is to send a letter stating that my income was lawfully earned.

 

 

I hope this information goes a long way to help every graduate student in this predicament.

 

[aznhouston 132]

On 7/19/2018 at 7:34 PM, twomuchcandy said:

I already have a joint sponsor (U.S. citizen) who is willing to fill out a form 864 for me. What I was wondering is if its better to not do that and go with my own income i make will working to the university. 

Use your income first. Asking for help while you can do it on your own is embarrassing. 

[twomuchcandy 3]

4 hours ago, Dee elle said:

They don’t care whether you meet the sponsor level or you need a joint sponsor. They just want the papers and an approvable  sponsor. Getting a joint sponsor at the start can often be a lot simpler than trying on your own paperwork first, getting an RFE, and then trying to find a joint sponsor. 

Thanks! I think I will go this route. It seems that F1 income is a bit complicates due to fact that is limited by the duration of your studies.

[twomuchcandy 3]

4 hours ago, geowrian said:

A number of people recently have had trouble getting their income earned while on F1 considered for the I-864. While legally authorized, the IO may determine that the income may not continue from the same source. This is completely within their discretion.

Yeah that's why I figured having a joint sponsor was better. I only have two years left in my program so it seems like the way to go.

[twomuchcandy 3]

3 hours ago, 4rmGhanaliveinATL said:

If someone has the luxury of getting a joint sponsor he shouldn’t have to deal with the risk of including his income in the first place .On the other hand, some people may not have that luxury of getting a joint sponsor or co sponsor and in that case would have to do it by themselves. 

 

Well I’m hoping he is  also Phd student. In that case his income stream or source is guaranteed for the next 5 years at the barest minimum.

 

 

I agree that

 

3 hours ago, 4rmGhanaliveinATL said:

If someone has the luxury of getting a joint sponsor he shouldn’t have to deal with the risk of including his income in the first place .On the other hand, some people may not have that luxury of getting a joint sponsor or co sponsor and in that case would have to do it by themselves. 

 

Well I’m hoping he is  also Phd student. In that case his income stream or source is guaranteed for the next 5 years at the barest minimum.

 

 

Yeah I think that if you are just starting out or early on your PhD F1 income is probably fine since you'll have it for 5 years plus. I am already in my fourth year though, so i am guessing probably joint sponsor is best in my case due to the fact that I don't have that much time left in the PhD.