I-864 AOS - Intending Immigrant's Income

[LSan 1]

Hey everyone,

I have a peculiar situation that requires some insight.

 

Background:

This is regarding an Form I-864 for IR-1. I'm the beneficiary (I have never been to the US) and my spouse is the US Citizen. We have filed her I-864 as petitioner and I included my income in Part 6 as the intending immigrant (items 8-10 have my name, relationship, and income. Box 22 is checked and has my name) because my income will continue to flow from the same source (a US company that I've been working with remotely) after I immigrate to the US and become an LPR (a letter was provided as proof).

Problem:

I have a received a message from the embassy saying that as a beneficiary my name cannot be on I-864 (they literally said that) and CEAC shows the form as rejected with the massage that I "cannot sponsor myself".

Keep in mind that, the I-864 instructions says my income as the intending immigrant and spouse can be included, especially if the petitioner's income does not meet requirements (although it does, but we included it for stronger AOS), and my 9 FAM says the same as well.

My question is: What the heck is going on? Can anyone shed some light as to what is happening here?

[Dashinka 24,513]

You would fill out the I864A as a Household member.

 

Good Luck!

 

Who May Be Considered a Household Member for Purposes of Form I-864A?

For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:

 

1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

 

Edited September 28, 2022 by Dashinka

[LSan 1]

10 minutes ago, Dashinka said:

You would fill out the I864A as a Household member.

 

Good Luck!

 

Who May Be Considered a Household Member for Purposes of Form I-864A?

For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:

 

1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

 

I-864A is for intending immigrants with accompanying childern.

9 FAM for I-864A states that:

"If the sponsored immigrant does not have accompanying family members, they cannot submit Form I-864A.  Their income may be counted in the household income, however, if they will continue to work in the same job after they immigrate to the United States.  You may request evidence of the applicant's income such as pay statements and tax returns, if they were required to file them, and should request a letter from the employer certifying that the employment will continue after the applicant's immigration to the United States."

I do not have any accompanying children / family members as per Box 22 on I-864.

Edited September 28, 2022 by LSan
clarification

[Dashinka 24,513]

5 minutes ago, LSan said:

I-864A is for intending immigrants with accompanying childern.

9 FAM for I-864A states that:

"If the sponsored immigrant does not have accompanying family members, they cannot submit Form I-864A.  Their income may be counted in the household income, however, if they will continue to work in the same job after they immigrate to the United States.  You may request evidence of the applicant's income such as pay statements and tax returns, if they were required to file them, and should request a letter from the employer certifying that the employment will continue after the applicant's immigration to the United States."

 

Possibly, but it really depends on how it is interpreted by the DoS CO's.  Reading this portion of the instructions is a little confusing.

 

If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? 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. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents.

 

I doesn't say you cannot fill out the I864A if you don't have accompanying dependents, it just says you must if you do have dependents.  Since the I864 was rejected, this seems like the best course of action.  

 

Good Luck!

[LSan 1]

4 minutes ago, Dashinka said:

Possibly, but it really depends on how it is interpreted by the DoS CO's.  Reading this portion of the instructions is a little confusing.

 

If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? 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. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents.

 

I doesn't say you cannot fill out the I864A if you don't have accompanying dependents, it just says you must if you do have dependents.  Since the I864 was rejected, this seems like the best course of action.  

Actually it does, 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." 

What I cited was from the 9 FAM. Also, if you look at I-864 instructions it says "If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children."

I don't think there's any interpretation required in the presence of the FAM.

However, you presented another problem with filling out I-864A, which is I'd still have to put my name on I-864 to begin with. So this just became a form of a circular logic.

[Dashinka 24,513]

20 minutes ago, LSan said:

Actually it does, 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." 

What I cited was from the 9 FAM. Also, if you look at I-864 instructions it says "If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has accompanying children."

I don't think there's any interpretation required in the presence of the FAM.

However, you presented another problem with filling out I-864A, which is I'd still have to put my name on I-864 to begin with. So this just became a form of a circular logic.

You are correct, this really makes no sense.  Who actually signed the I864?  I assume your spouse, but for some reason they are tagging this as a self-sponsorship.  The I864A might help, but after reading through all the forms and instructions again, I doubt it will.

[SteveInBostonI130 3,459]

1 hour ago, Dashinka said:

You would fill out the I864A as a Household member.

 

 

 

Not for the spouse if he/she is the immigrant and the income will continue after immigration.

 

I believe this is because as the immigrant, USCIS cannot enforce the terms of contract of the I-864a (the part about being financially responsible if the immigrant uses public benefits).

 

 

[SteveInBostonI130 3,459]

@LSan, it seems you completed the I-864 correctly.  I would respond with attaching the I-864 instruction PDF and excerpts of the section that allows you to add your income to the household income.

 

 

[arken 4,197]

First make sure the i864 is filled out correctly that you aren't listed as sponsor anywhere in the form other than just providing your name and income info on Part 6 Item 8-10 and 22 and that you didn't sign the form. Then include the portions of the instruction you quoted in your response.

[Family 3,988]

2 hours ago, LSan said:

I have a received a message from the embassy saying that as a beneficiary my name cannot be on I-864 (they literally said that) and CEAC shows the form as rejected with the massage that I "cannot sponsor myself".

Keep in mind that, the I-864 instructions says my income as the intending immigrant and spouse can be included, especially if the petitioner's income does not meet requirements (although it does, but we included it for stronger AOS), and my 9 FAM says the same as well.

My question is: What the heck is going on? Can anyone shed some light as to what is happening here?

There is abundant I-864 Consular created problems that range from refusal to recognize non taxable income to serious pushback on using assets. A bit of back and forth challenging them solves such issues.

In your case the Officer rejected based on his evident misunderstanding that your ‘ name ‘ shouldn’t appear anywhere on the I-864 because it equals “ self-sponsoring”…a clear and evident error.

 

Solution in your case is a quick reply citing both FAM and I-864 instructions plus putting them on notice you are seeking assistance from Congressional Liason to avoid further delays. Google Congressman in wife’s district, have your wife complete Case Authorization Form and follow up w a call. Should resolve issue in a few days. 

 

 

[pushbrk 12,898]

2 hours ago, Dashinka said:

You are correct, this really makes no sense.  Who actually signed the I864?  I assume your spouse, but for some reason they are tagging this as a self-sponsorship.  The I864A might help, but after reading through all the forms and instructions again, I doubt it will.

If the I-864 is completed properly with both petitioner income and income that will continue from the same source then it is correct, even if the Petitioner's income is zero.  The spouse of a US Citizen absolutely CAN "self sponsor".  It happens all the time.  Perhaps there's a problem with how the form is completed.  I-864a is definitely not needed.  Not the way to go.

 

Does the petitioner's income show in the "sponsor's" current income section and then the intending immigrant spouse's income in the proper section, so the form combines them?

[LSan 1]

13 minutes ago, pushbrk said:

If the I-864 is completed properly with both petitioner income and income that will continue from the same source then it is correct, even if the Petitioner's income is zero.  The spouse of a US Citizen absolutely CAN "self sponsor".  It happens all the time.  Perhaps there's a problem with how the form is completed.  I-864a is definitely not needed.  Not the way to go.

 

Does the petitioner's income show in the "sponsor's" current income section and then the intending immigrant spouse's income in the proper section, so the form combines them?

I've revised the form a few times prior to sending. In fact, they've accepted the exact same form before, and I've only added my info and updated the corresponding "total income" boxes.

To answer your question, yes. Everything is in its proper place.

[Dashinka 24,513]

Apologies on the I864A suggestion.  This is certainly not the way to go.  I agree with @SteveInBostonI130, @arken, @Family, and @pushbrk, resubmit the form with the attached materials from the instructions and have your spouse contact her senator or representative.

 

Good Luck!

[Family 3,988]

34 minutes ago, Dashinka said:

the I864A suggestion

Your suggestion is actually good and pretty much in keeping with the fact most of the  time the intending immigrant chooses to use qualifying income ( and meets criteria) ..officers insist on I-864 A ( regardless of dependents)…

 

Of course it’s always easier to just “ give in” to what is requested , in OPs case wife/ petitioner qualifies on her own , so just a new I-864 without intending immigrant income. 

Edited September 28, 2022 by Family

[pushbrk 12,898]

5 hours ago, Family said:

, in OPs case wife/ petitioner qualifies on her own , so just a new I-864 without intending immigrant income. 

If that is correct, that the petitioner's income will also continue and is sufficient.  I did not see any reference to the petitioner's income though.