I-184 Affidavit of Support: yearly income or expected income this year?

[msantanna 48]

I need some help understanding if I qualify to be my husband's sole sponsor, or if I would need a co-sponsor.

 

I was employed for many years earning well above the minimum income requirements for the Affidavit of Support. I left my job last year and moved to Brazil to live with my husband. I left in March, so for the effect of 2018's taxes I only made around 9k.

 

I move back to the US this year and got a job three months ago. Considering my yearly income, I would meet the minimum income requirement. However, if I count the total amount that I will make this year alone (until Dec 31st), since I only started working recently, I won't get there.

 

I've read some contrasting opinions so far about it. For some people it seems that all that matters to the people at NVC and the embassy is my yearly income, meaning that if I have a job that pays, say 30k per year, that is sufficient for a household of two. For some other people it seems that I would need to be able to earn in total this year more than the minimum income of $21,137 set by the Poverty Guidelines, which I won't.

 

What do you think? Can I be my husband's sponsor, or do I need to find a co-sponsor, which won't be very easy for us?

 

Thank you for your thoughts!

[Just Paul 4,595]

7 minutes ago, msantanna said:

Can I be my husband's sponsor, or do I need to find a co-sponsor, which won't be very easy for us?

Maybe, probably yes, but I would have a co-sponsor lined up with an I-134

[aleful 1,905]

hi

 

you will need a joint sponsor,  your last year's tax isn't enough, and the estimated amount you will earn for 2019 isn't enough either. 

 

so you will need to file an i864 as the primary sponsor and your joint sponsor will have to file another i864 as well

 

 

[pushbrk 12,883]

59 minutes ago, msantanna said:

I need some help understanding if I qualify to be my husband's sole sponsor, or if I would need a co-sponsor.

 

I was employed for many years earning well above the minimum income requirements for the Affidavit of Support. I left my job last year and moved to Brazil to live with my husband. I left in March, so for the effect of 2018's taxes I only made around 9k.

 

I move back to the US this year and got a job three months ago. Considering my yearly income, I would meet the minimum income requirement. However, if I count the total amount that I will make this year alone (until Dec 31st), since I only started working recently, I won't get there.

 

I've read some contrasting opinions so far about it. For some people it seems that all that matters to the people at NVC and the embassy is my yearly income, meaning that if I have a job that pays, say 30k per year, that is sufficient for a household of two. For some other people it seems that I would need to be able to earn in total this year more than the minimum income of $21,137 set by the Poverty Guidelines, which I won't.

 

What do you think? Can I be my husband's sponsor, or do I need to find a co-sponsor, which won't be very easy for us?

 

Thank you for your thoughts!

Current income does not track with any calendar or tax year.  It's the income you will make in the next 12 months, at your current pay rate.  The I-864 requires "information" from three tax returns, but that has nothing to do with "current income".  It's current, not "current year".  Because the public charge concern decision is ultimately a judgment call based on guidelines and the totality of circumstances, even though you DO qualify based on current income, it would be wise to have an affidavit of support package from a qualified joint sponsor, ready to submit at interview, should it be required.

52 minutes ago, aleful said:

hi

 

you will need a joint sponsor,  your last year's tax isn't enough, and the estimated amount you will earn for 2019 isn't enough either. 

 

so you will need to file an i864 as the primary sponsor and your joint sponsor will have to file another i864 as well

 

 

There are no questions about current year income on the I-864.

[pushbrk 12,883]

56 minutes ago, Paul & Mary said:

Maybe, probably yes, but I would have a co-sponsor lined up with an I-134

The I-134 is not used in a spouse visa case.  It will be the I-864

[Hank_ 9,174]

14 hours ago, msantanna said:

I need some help understanding if I qualify to be my husband's sole sponsor, or if I would need a co-sponsor.

 

I was employed for many years earning well above the minimum income requirements for the Affidavit of Support. I left my job last year and moved to Brazil to live with my husband. I left in March, so for the effect of 2018's taxes I only made around 9k.

 

I move back to the US this year and got a job three months ago. Considering my yearly income, I would meet the minimum income requirement. However, if I count the total amount that I will make this year alone (until Dec 31st), since I only started working recently, I won't get there.

 

I've read some contrasting opinions so far about it. For some people it seems that all that matters to the people at NVC and the embassy is my yearly income, meaning that if I have a job that pays, say 30k per year, that is sufficient for a household of two. For some other people it seems that I would need to be able to earn in total this year more than the minimum income of $21,137 set by the Poverty Guidelines, which I won't.

 

What do you think? Can I be my husband's sponsor, or do I need to find a co-sponsor, which won't be very easy for us?

 

Thank you for your thoughts!

I know of a number of couples where the petitioner just started a job after college or whatever, they Included an employment letter and pay stubs being their tax return showed inadequate income they were approved, but this can vary dramatically from embassy to embassy.   But like already said, have the co-sponsor documents at the ready.    Each of you complete the I-864

Edited August 12, 2019 by Hank_

[msantanna 48]

14 hours ago, pushbrk said:

Current income does not track with any calendar or tax year.  It's the income you will make in the next 12 months, at your current pay rate.  The I-864 requires "information" from three tax returns, but that has nothing to do with "current income".  It's current, not "current year".  Because the public charge concern decision is ultimately a judgment call based on guidelines and the totality of circumstances, even though you DO qualify based on current income, it would be wise to have an affidavit of support package from a qualified joint sponsor, ready to submit at interview, should it be required.

There are no questions about current year income on the I-864.

Thank you for your help!

I found this on the instructions for I-184EZ (Part 5, item 4): "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish the ability to maintain sufficient income."

 

Don't you think that it seems like they expect me to show sufficient income for this year?

 

I guess there are two different opinions on this, but it seems like it's an overall consensus that I should have a joint sponsor ready just in case.

[msantanna 48]

30 minutes ago, Hank_ said:

I know of a number of couples where the petitioner just started a job after college or whatever, they Included an employment letter and pay stubs being their tax return showed inadequate income they were approved, but this can vary dramatically from embassy to embassy.   But like already said, have the co-sponsor documents at the ready.    Each of you complete the I-864

I'm glad to hear that you've heard of experiences of people getting approved solely based on their current income. That would be ideal for us. I have no idea though on how strict the consulate in Rio is with these things. I gotta do some research

[Hank_ 9,174]

1 minute ago, msantanna said:

I'm glad to hear that you've heard of experiences of people getting approved solely based on their current income. That would be ideal for us. I have no idea though on how strict the consulate in Rio is with these things. I gotta do some research

You have to get past the processing at NVC before reaching the embassy

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/after-petition-approved/begin-nat-visa-center.html

[pushbrk 12,883]

6 hours ago, msantanna said:

Thank you for your help!

I found this on the instructions for I-184EZ (Part 5, item 4): "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish the ability to maintain sufficient income."

 

Don't you think that it seems like they expect me to show sufficient income for this year?

 

I guess there are two different opinions on this, but it seems like it's an overall consensus that I should have a joint sponsor ready just in case.

I can see how it might seem to mean that, but current income is not current year income.  If you lose your job today, it doesn't matter what you made already this year.  Your current income is zero.  If you got your first job today at salary X, salary X is your "current income".  Based on your described circumstances, you don't qualify to use the I-864EZ anyway.  Become an A-Student of the I-864 instructions.  Interpret the questions and instructions literally.

[msantanna 48]

3 minutes ago, pushbrk said:

I can see how it might seem to mean that, but current income is not current year income.  If you lose your job today, it doesn't matter what you made already this year.  Your current income is zero.  If you got your first job today at salary X, salary X is your "current income".

That is a very reasonable point! Makes a lot of sense.

 

5 minutes ago, pushbrk said:

Based on your described circumstances, you don't qualify to use the I-864EZ anyway.

You say that because of the joint sponsor, right? Otherwise, if we don't use one I suppose that I could use the I-184EZ. Or am I missing something?

 

Thanks again for your thoughts!

[pushbrk 12,883]

1 minute ago, msantanna said:

That is a very reasonable point! Makes a lot of sense.

 

You say that because of the joint sponsor, right? Otherwise, if we don't use one I suppose that I could use the I-184EZ. Or am I missing something?

 

Thanks again for your thoughts!

Even without a joint sponsor, you cannot answer the three questions at the top of the form with a yes.  You don't have a W2 form showing enough income.  Use the I-864EZ.  You won't actually provide any significant amount of additional information.  You can still leave the asset section blank.  Study the form and instructions, and apply the advice I gave you.