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Posted

Hey guys!

I'm excited to have gotten an interview notice for September. As we are preparing and sorting through the file we will bring and present, there is a looming question. We moved cross country last year and when we filed we used my wife as a sponsor. Now our financial situation has changed and she doesn't meet the poverty-line threshold by herself.

I've always heard that the intending immigrant's income shall not be used for i-864. However, as I was reading through the forms I stumbled upon this part of I-864A (attached):

1528643439_ScreenShot2019-08-17at4_56_10PM.png.9c3c6c6c4ad8cfa177781d20b256cb94.png

Correct me if I am wrong, but does that actually mean that I can fill an I-864A to support my wife's I-864 for myself? The income is of a legitimate source since I have been authorized to work since November.

I hope someone can chime in and give me some much needed peace of mind. Thanks!

Posted (edited)

Are you living with a "household" member as defined?  If so they can fill out the I-864A.

 

Yes you can add to the support - yourself - since you have an EAD

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted

Hi, thanks for the reply!

I definitely live as a household member, as defined, with my wife. I will make sure of adding that income to the required threshold.

I do not understand why I was fretting for so long, thinking that I cannot be using my own income as a support.

If anyone has a different experience or opinion, I'll be following the thread.

Filed: Timeline
Posted
2 minutes ago, Aftershock said:

Hi, thanks for the reply!

I definitely live as a household member, as defined, with my wife. I will make sure of adding that income to the required threshold.

I do not understand why I was fretting for so long, thinking that I cannot be using my own income as a support.

If anyone has a different experience or opinion, I'll be following the thread.

DO NOT FILE THE 864A. 

 

You are the intending immigrant. Not a household member. Read the form and instructions. You should be able to fill it out properly showing both her and your income counted properly. 

Posted
12 hours ago, Villanelle said:

DO NOT FILE THE 864A. 

 

You are the intending immigrant. Not a household member. Read the form and instructions. You should be able to fill it out properly showing both her and your income counted properly. 

Hi, thanks for your reply.

Could you elaborate on your opinion? The I-864A instructions (screenshot above) claim that the intending immigrant can be considered as a household member. The second example directly applies to my situation. My wife and I filed our taxes jointly.There, once again, we are considered a household of 2.

I appreciate everyone's input on this matter. I am just really confused right now.

Posted
14 hours ago, Villanelle said:

DO NOT FILE THE 864A. 

 

You are the intending immigrant. Not a household member. Read the form and instructions. You should be able to fill it out properly showing both her and your income counted properly. 

Hi, thanks for your reply.

Could you elaborate on your opinion? The I-864A instructions (screenshot above) claim that the intending immigrant can be considered as a household member. The second example directly applies to my situation. My wife and I filed our taxes jointly.There, once again, we are considered a household of 2.

I appreciate everyone's input on this matter. I am just really confused right now.

EDIT:

Okay, so I followed your advice and read the instructions again, and you are right. According to the original I-864 the intending immigrant's income may be included and an I-864A is not required. Here is a screenshot with the instructions, if anyone has the same dilemma as me:

Screen Shot 2019-08-18 at 12.23.49 PM.png

Filed: Timeline
Posted

Glad its all figured out!

 

Also just FYI- a new 864 is not automatically needed because something changed. Technically the USCIS considers form 864 valid when you submit it.

 

IF they ask in the interview if things have changed or if its all still correct and you tell them it has changed they can ask for a new 864. So its good to have one already filled out with you. But they may not ask for an updated one, if they dont its fine for them to use the old one. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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