i864- Has anyone successfully filed with using only intending immigrant's income?

[Baba+7917 0]

Hi, 

 

My husband (USC) and I (F1 OPT) are preparing docs for marriage-based AOS. He is currently unemployed, but his 2019 tax return is above the poverty guideline. I am currently employed and my income is above the poverty guideline. We don't much asset. We aren't able to find a co-sponsor either. 

 

I have had two consultations with two immigration lawyers to ask if it's too risky if we file i864 with only my income (we live in the same household). Their answers are both " it should be fine." I just want to know if anyone on this forum has had similar situation as we are and what was your experience when filing aos using only the intending immigrant's income?

 

Thank you!

[PaulaCJohnny 713]

47 minutes ago, Baba+7917 said:

Hi, 

 

My husband (USC) and I (F1 OPT) are preparing docs for marriage-based AOS. He is currently unemployed, but his 2019 tax return is above the poverty guideline. I am currently employed and my income is above the poverty guideline. We don't much asset. We aren't able to find a co-sponsor either. 

 

I have had two consultations with two immigration lawyers to ask if it's too risky if we file i864 with only my income (we live in the same household). Their answers are both " it should be fine." I just want to know if anyone on this forum has had similar situation as we are and what was your experience when filing aos using only the intending immigrant's income?

 

Thank you!

I think the AOS need to be filled for a US citizen or LPR. The person who is sponsoring you need to be financially responsible for it. I don't think you can use your income. 

 

Maybe somebody with more experience here can help you better.

[HRQX 4,145]

1 hour ago, Baba+7917 said:

if we file i864 with only my income (we live in the same household).

You can also fill out your own I-864A per that form's instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr-pc.pdf "How Can the Intending Immigrant Be Considered a Household Member?"

Your spouse would still fill out I-864.

34 minutes ago, Paula&Johnny said:

I don't think you can use your income.

Intending immigrant's income can be used.

[Baba+7917 0]

46 minutes ago, Paula&Johnny said:

I think the AOS need to be filled for a US citizen or LPR. The person who is sponsoring you need to be financially responsible for it. I don't think you can use your income. 

 

Maybe somebody with more experience here can help you better.

From my understanding since we are married and live in the same household my husband should be able to include my income ( at least according to uscis s instructions). So I just wanna see if anyone who did this actually got approved...

[Lemonslice 4,841]

If your husband is currently unemployed, what is his source of income?

[Baba+7917 0]

9 hours ago, Lemonslice said:

If your husband is currently unemployed, what is his source of income?

I have a job so for now I am for the household.

[elmers 293]

12 hours ago, Baba+7917 said:

I just want to know if anyone on this forum has had similar situation as we are and what was your experience when filing aos using only the intending immigrant's income?

I adjusted from J1 and used my income only. My USC spouse was a student and had zero income at the time of application. No issues in adjusting. We did get an RFIE which is because I forgot to send documents showing lawful employment along with the I-864. Just make sure you sent I-94, pay slips, tax transcripts, letter from your employer (department/college) saying your job is relatively secure, and you'll be fine.

[Baba+7917 0]

49 minutes ago, elmers said:

I adjusted from J1 and used my income only. My USC spouse was a student and had zero income at the time of application. No issues in adjusting. We did get an RFIE which is because I forgot to send documents showing lawful employment along with the I-864. Just make sure you sent I-94, pay slips, tax transcripts, letter from your employer (department/college) saying your job is relatively secure, and you'll be fine.

Oh ok! So you guys didn't use a co-sponsor or assets right? 

And may I ask did they question your spouses income during the interview? 

[Lemonslice 4,841]

15 hours ago, Baba+7917 said:

I have a job so for now I am for the household.

I misread and I thought he was the immigrant.  Makes more sense now.

[elmers 293]

On 10/6/2020 at 11:18 AM, Baba+7917 said:

Oh ok! So you guys didn't use a co-sponsor or assets right? 

And may I ask did they question your spouses income during the interview? 

Correct. No co-sponsor, just my salary. Not sure if bank balance is considered an asset but we showed this. Combined between checking & savings, we probably had ~30K cash I think. Nothing else for finances.

 

And no, no questions were asked about income at the interview. My spouse was still a student during the interview but we weren't asked anything about finances. The interviewer went over the questions from 485 form, and some basic relationship questions like how we met, why we got married in city A even though we are currently living in another city, etc.

[Baba+7917 0]

On 10/6/2020 at 10:27 AM, elmers said:

I adjusted from J1 and used my income only. My USC spouse was a student and had zero income at the time of application. No issues in adjusting. We did get an RFIE which is because I forgot to send documents showing lawful employment along with the I-864. Just make sure you sent I-94, pay slips, tax transcripts, letter from your employer (department/college) saying your job is relatively secure, and you'll be fine.

May I ask what did you include in the letter from employer? I asked for an letter from my employer and regarding the status of my job, it only says that my job is full time. I asked them if it's possible to say that it's permanent and it doesn't have a decided end date, they told me they can't do that because if our client decides to not use me anymore, then my employment ends. 

 

So I am wondering if saying "this is a full-time position" is enough. Because for usics it says the income has to come from the same source after green card is obtained right? 

Edited October 13, 2020 by Baba+7917

[elmers 293]

3 hours ago, Baba+7917 said:

May I ask what did you include in the letter from employer? I asked for an letter from my employer and regarding the status of my job, it only says that my job is full time. I asked them if it's possible to say that it's permanent and it doesn't have a decided end date, they told me they can't do that because if our client decides to not use me anymore, then my employment ends. 

 

So I am wondering if saying "this is a full-time position" is enough. Because for usics it says the income has to come from the same source after green card is obtained right? 

Here is what I had them prepare for me. I was the one who actually wrote the letter; they simply signed off and did not even change a single word.

To whom it may concern:

I hereby verify that Mr. <YOUR NAME> has been working full-time in our department since <MM_DD_YYYY>. He is a <JOB TITLE> in our department and is employed with an annual pay rate of <SALARY>. His current contract expires on <MM_DD_YYYY> but is expected to continue beyond that date, contingent upon successful annual evaluation. Were <YOUR NAME> to continue in his current capacity, funding for his position is in place until <MM_YYYY>. Should you have any questions or concerns, please feel free to contact me via phone or email.

Sincerely,
<Head of Dept.>

I am not sure how much care USCIS gives when evaluating these types of letters. But just to be safe, I mentioned in the letter that my job will continue for a long after my AoS is complete. I did say it was full-time but did not specify that the job was permanent since it wasn't. Maybe you can come up with wording that your HR will like that expresses what you want to say but not to the irk of HR people? Good luck! 🙂

 

 

[Baba+7917 0]

55 minutes ago, elmers said:

as permanent since it wasn't. Maybe you c

 

1 hour ago, elmers said:

Here is what I had them prepare for me. I was the one who actually wrote the letter; they simply signed off and did not even change a single word.

To whom it may concern:

 

I hereby verify that Mr. <YOUR NAME> has been working full-time in our department since <MM_DD_YYYY>. He is a <JOB TITLE> in our department and is employed with an annual pay rate of <SALARY>. His current contract expires on <MM_DD_YYYY> but is expected to continue beyond that date, contingent upon successful annual evaluation. Were <YOUR NAME> to continue in his current capacity, funding for his position is in place until <MM_YYYY>. Should you have any questions or concerns, please feel free to contact me via phone or email.

Sincerely,
<Head of Dept.>

 

I am not sure how much care USCIS gives when evaluating these types of letters. But just to be safe, I mentioned in the letter that my job will continue for a long after my AoS is complete. I did say it was full-time but did not specify that the job was permanent since it wasn't. Maybe you can come up with wording that your HR will like that expresses what you want to say but not to the irk of HR people? Good luck! 🙂

 

 

Thank for the feedback! yeah i tried to add some wording that doesn't seem too much for them but they say they have given out similar letters in the past and simply saying it's full-time should be fine. So I think I will just go with that.

[eckoin 211]

I quite vividly recall that F1 income is frowned upon. The idea is that F1 jobs are supposed to be explicitly for "get experience and leave", and some COs therefore do not consider it as permanent income. Someone else can pitch in, I think I got that from geowrian a few years back. 

 

I also was the sole income earner when I applied for AOS, but I was on a work status. My employer signed a letter that said, "eckoin works as XYZ at ABC, from her start date of 123. Her salary is $456. Pending her successful adjustment of status to permanent residency, her contact will continue past her current TN status expiry in accordance to the employment laws." Or something like that. They didn't want" permanent " anywhere in the letter, because of right to work laws, so it was a sort of," yeah we'll keep her if we legally can provided that we want to, and right now we do". 

[Baba+7917 0]

4 hours ago, eckoin said:

I quite vividly recall that F1 income is frowned upon. The idea is that F1 jobs are supposed to be explicitly for "get experience and leave", and some COs therefore do not consider it as permanent income. Someone else can pitch in, I think I got that from geowrian a few years back. 

 

I also was the sole income earner when I applied for AOS, but I was on a work status. My employer signed a letter that said, "eckoin works as XYZ at ABC, from her start date of 123. Her salary is $456. Pending her successful adjustment of status to permanent residency, her contact will continue past her current TN status expiry in accordance to the employment laws." Or something like that. They didn't want" permanent " anywhere in the letter, because of right to work laws, so it was a sort of," yeah we'll keep her if we legally can provided that we want to, and right now we do". 

hmm have you seen or heard of cases where F1 income is rejected? When I went to do the lawyer consultation I did say I am on F1 OPT and they said it's fine. I am not sure if it's they didn't pay attention to that or what. Now I need to do some double check...