What document do we file if my wife can show she can financially support herself?

[Eduardo_GM 0]

On August 2019 we filed for a marriage based petition.  I am the US citizen and my wife is the beneficiary.  When we applied, I had a very good job and my wife didn't earn 125% of the poverty guideline, so I filled a form I-864 to sponsor her.   On Nov 2, 2020 we got the notice for the interview for Dec7, 2020.  The issue lies that  on November 9, 2020 I was laid off from my job.  I was about to find a joint sponsor before the interview, but I just realized that my wife is currently earning more than 125% of the poverty guideline (she is working with her work permit).  I see that form I-864 is always for someone to sponsor the beneficiary, so my questions are:

- If my wife is earning more than 125% of the poverty guideline, does she still need a sponsor?

- If not, what document do I have to fill to show that she is earning enough?

 

Thanks in advance for the help.  

Edited November 12, 2020 by Eduardo_GM

[Villanelle 4,122]

You are a bit confused. You are the petitioner and your wife is the beneficiary. The petitioner ALWAYS does the 864. Even if they do not qualify, they must fill it out and sign it. If they dont qualify they need a co or joint sponsor. On your 864 you can count your income and your spouses (the immigrant) income as long as she is earning it with a valid EAD. 

 

However the form 864 is considered valid if it was accurate at the time of submission. You are not required to update it if anything on it changes. Now that does not mean it can not ever be updated. You can request to update it yourself OR the Officer may ask in the interview if everything on it is still the same. If they do ask you would have to tell the truth which is no. So they will then request an updated 864. They also occasionally ask for updated 864s when the new tax year starts. Remember they look at the tax filing deadlines to determine what the most recent tax year is- usually thats April 15th (this year it was not due to COVID, I believe the tax deadline was June or July?) but basically if the tax filing deadline has passed they can ask for an updated 864 showing the current year. So just to keep things less confusing I will give you an example using April 15 as the tax deadline.

 

Ex- You submitted your package including the 864 in Oct 2019. The 864 was accurate when you submitted it. Your most recent tax year on the 864 was 2018 since 2018 taxes were required to be filed by April 2019. Your 2019 taxes needed to be filed by April 2020. Your 2020 taxes need to be filed by April 2021, etc etc. So when you filed in Oct 2019 your most recent tax year was 2018. Now your interview is set for Oct 2020. In Oct 2020 the most recent tax year was 2019 because taxes for 2019 were due by April 2020. So they can ask for an updated form. Some Officers do, others dont.

 

The best thing to do is to complete an 864 immediately prior to the interview and bring it with you. You would fill out on it your current information. If thats your income being less and your wifes income being more- then thats what it is- and you would qualify as long as the total is above the poverty guidelines. If the Officer asks for it you will have it to hand them. If you dont have it then you still be interviewed but will be given an RFE to send it to them and it can delay the approval process

[Villanelle 4,122]

Adding on, if you need help filing out the 864 using your spouses income start by reading the instructions carefully. You can also search the forums or post your specific questions. But the instructions do explain how to include the immigrants income on the 864. You do NOT use the 864a for this.

[Eduardo_GM 0]

Thanks a lot for your help.  It is very helpful and detailed.  I appreciate it.  One last question though: If I am to include my wife's income in the I-864, do I have to fill a form I-864A for her as well? 
It is kind of confusing as the I-864A instructions state that a spouse may sign the I-864A form but then on another section it says :"If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents."  And we don't have any dependants.  
Thanks again for your help.  

Edited November 12, 2020 by Eduardo_GM

[Eduardo_GM 0]

Never mind, I just saw that in your post you stated that I do not use the 864A.  Thanks for your help. 

[pushbrk 13,118]

5 hours ago, Eduardo_GM said:

Thanks a lot for your help.  It is very helpful and detailed.  I appreciate it.  One last question though: If I am to include my wife's income in the I-864, do I have to fill a form I-864A for her as well? 
It is kind of confusing as the I-864A instructions state that a spouse may sign the I-864A form but then on another section it says :"If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents."  And we don't have any dependants.  
Thanks again for your help.  

It appears this is not a visa case.  If your wife is working in the USA with a work permit, it cannot be a spouse visa case. She must be adjusting status.

 

That said, I would provide an updated I-864 that includes your spouse's income.  Document the income with a pay stub.  State YOUR current income so that it is accurate NOW.  Simply include your wife's income on your new I-864.  She need not sign anything or provide any document except a pay stub. (in support of the I-864)

[TBoneTX 46,126]

Thread is moved to the "AOS from WS&T Visas" forum.  

[M_H 14]

23 hours ago, Eduardo_GM said:

On August 2019 we filed for a marriage based petition.  I am the US citizen and my wife is the beneficiary.  When we applied, I had a very good job and my wife didn't earn 125% of the poverty guideline, so I filled a form I-864 to sponsor her.   On Nov 2, 2020 we got the notice for the interview for Dec7, 2020.  The issue lies that  on November 9, 2020 I was laid off from my job.  I was about to find a joint sponsor before the interview, but I just realized that my wife is currently earning more than 125% of the poverty guideline (she is working with her work permit).  I see that form I-864 is always for someone to sponsor the beneficiary, so my questions are:

- If my wife is earning more than 125% of the poverty guideline, does she still need a sponsor?

- If not, what document do I have to fill to show that she is earning enough?

 

Thanks in advance for the help.  

I applied for my husband on October 2018 and wasn’t working in 2018 or 2019. I’ve been working throughout the whole year of 2020. We submit all of my brothers taxes transcripts and documents to NVC as my sponsor. But at the time of the interview(September 24,2020) UK requested a written letter from my husband of why I didn’t work for most recent years. The visa was put under refused til they received some of my documents. My brothers income was more than enough but it was requested. I wroted a letter stating why I didn’t work for the recent years with my signature and prove documents of no income from IRS for most recent years. I send it through my NVC account four days later to the consulate in London and they email us back within 24 hours showing that he will receive his visa.. Good luck!  

Edited November 13, 2020 by M_H