Form I-864 My Petitioner is unemployed

[abeeo 0]

Morning Guys,

 

I have a joint sponsor, my Wife hasn’t been working since February . For form I-864, after I choose unemployed as one of the options, what should I fill under her current individual annual income? Should I put the figure from the adjusted gross income on our most recent tax return? Or put $0 since she is unemployed 

[Crazy Cat 42,028]

The answer is Current Annual Income =$0 if currently unemployed.

Edited July 20, 2020 by Lucky Cat

[Lucky2Lucky 2,526]

Current income is $0.

[Quarknase 1,072]

@Lucky Cat @Luckycuds I was under the impression that unemployment payments count as income (assuming she applied for it), is that not the case?

[Crazy Cat 42,028]

6 minutes ago, Quarknase said:

@Lucky Cat @Luckycuds I was under the impression that unemployment payments count as income (assuming she applied for it), is that not the case?

How would you calculate unemployment income on an annual basis?  

 

Edit:  Ability to support a new immigrant is based, primarily, on expected income in the future ( next 12 months).

Edited July 20, 2020 by Lucky Cat

[Crazy Cat 42,028]

Technically, unemployment insurance payments are income.  However, it would be difficult to use them as evidence for an I-864, imo.

 

https://www.nolo.com/legal-encyclopedia/frequently-asked-questions-about-form-i-864-affidavit-of-support-for-family-immigration.html

Question: Do unemployment checks count toward I-864?

I’m a U.S. citizen, sponsoring my wife for a green card. Form I-864 asks for current income. My income is moderate and irregular, from freelancing. I’m also getting unemployment checks. And I own a house, so I will be able to fill some of the gaps with assets. But my main question now is, do the unemployment checks count, or is that a strike against me?

Answer

Good news: Although some sources of money related to unemployment cannot be counted toward income for purposes of Form I-864 (such as food stamps, SSI, Medicaid, and TANF), unemployment benefits are in a different category. They are basically insurance payments, which you are allowed to collect upon based on your employer having paid into a federal/state unemployment system earlier.

 

How long you will remain eligible for the unemployment benefits is an issue to look into, however. U.S. immigration authorities may consider this in assessing your ability to maintain the necessary income levels over time.

Edited July 20, 2020 by Lucky Cat

[Quarknase 1,072]

12 minutes ago, Lucky Cat said:

How would you calculate unemployment income on an annual basis?  

 

Edit:  Ability to support a new immigrant is based, primarily, on expected income in the future ( next 12 months).

I read in a different thread that it would be the current weekly unemployment times 52 to calculate the annual.

 

[Crazy Cat 42,028]

5 minutes ago, Quarknase said:

I read in a different thread that it would be the current weekly unemployment times 52 to calculate the annual.

 

Correct.  That is how to calculate current annual income......if the current income is expected to continue for 52 weeks. But what happens after those payments are exhausted?  Those are considerations for the Consulate Officer.  Employment and stability are factors COs use, too.

[abeeo 0]

Thank you all for the contribution but in my case my wife didn’t apppy for unemployment benefits, she has refused to apply because she felt it is only meant for those who were fired from work or those who were affected by COVID 19, she stopped working because she got pregnant 🤷🏽
 

So in her case do we still go ahead with $0?

[Crazy Cat 42,028]

3 minutes ago, abeeo said:

Thank you all for the contribution but in my case my wife didn’t apppy for unemployment benefits, she has refused to apply because she felt it is only meant for those who were fired from work or those who were affected by COVID 19, she stopped working because she got pregnant 🤷🏽
 

So in her case do we still go ahead with $0?

Unemployment is insurance....not a public benefit.......and not funded by taxpayers.  It is funded by employers.  In her case, her current annual income is $0.

Edited July 20, 2020 by Lucky Cat