Questions on sponsor lost job during AOS

[lito2013 0]

My wife is my sponsor, she lost/quit her job 2 month after we submitted I-864 because of personal disaster and she was mentally breakdown. Since her income was enough at filing time, we didn't fill the Assets to supplement Income section.

 

Since it is COVID time and she is still healing, it is hard for her to find a job. But we do have enough savings.

 

May I know,

1. Do we need to file any supplemental forms now? 

2. If until interview time she still doesn't have a job, is it enough for us just show our bank account to prove she can support me?

3. If I get a job after I get the EAD card, is it enough for the interview?

 

Appreciate any help.

[VISBIS 18]

https://www.visajourney.com/forums/topic/385336-just-lost-my-job-effect-on-i-864/

 

 

I hope your wife feels better. The first post is a little old, but describes firsthand experience with the same kind of situation. 
 

1. As far as I’ve learned, you don’t need to fill out any new forms.

2. You need to show at least 5 times in assets to any shortfall from the federal poverty requirement. So I don’t think savings alone would do. Best is for her to get a job, whenever she’s able to or find a new joint sponsor. This is probably best before the interview in case they ask for an updated version or paystubs and such.

3. And your income would not qualify since you cannot sponsor yourself for the i864. 

[lito2013 0]

Thanks for the reply.  Regarding sponsor myself. I find something in I864 instructions as follows,

 

What if I Cannot Meet the Income Requirements?

If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member;

2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident;

3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrants; or

4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What is a Joint Sponsor section of these Instructions for more information.)

 

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements:

1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and

2. The intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

 

Based on the instruction, if I find a job after I get EAD, seems my salary can be used to cover the difference between my wife's income and poverty line, that is kind of sponsor myself. Am I understanding correctly?

Edited May 22, 2020 by lito2013

[VISBIS 18]

It could be used to cover up the gap, but at the same time it has to be a stable job which will continue to generate income even after you receiving your residency. This could be used against you as well, depending on where you get employed. So I think the best option would be to have a joint sponsor as well if you guys can find one. One of her immediate family, if they’re willing would be the best possible option since that alone should suffice.

 

Also you might not even have an interview since some people have received their conditional green card without an interview. And at the interview they might not even ask for paystubs and such.