Need help figuring out I-864 to sponsor F2A petition

[Jasmine02 4]

Hello,

I am a US PR who wants to sponsor my unmarried child from previous marriage to adjust status from F1.

I obtained my PR from marriage to US citizen. My husband was my sponsor.

I did not work until 3 months ago, so my 2022 and 2021 tax return shows no income (I had income in 2020 tax year). My current job income is 5 times above threshold.

My husband lost his job 2 months ago, his income was above threshold in 2020, 2021, 2022 tax return.

We have combined current assest more than 5 times minimum.

I'm worried because even if we have assets above threshold, and I have income, I have no proof other than employer's letter and paystubs, bank records.

 

Questions:

- Should I use I-864 or I-864ez?

- If I use I-864, my husband is currently unemployed...will this count?

 

Thanking you all in advance for your kind help.

 

Regards.

 

[Mike E 11,739]

I-864.

 

Legally unemployment benefits can  count, but practically, since these be benefits will not last, I expect push back from DoS or USCIS.

 

1. How old is your child?

 

2. How old was your child when you married your current U.S. citizen husband?

 

3. Is your child in the U.S. today?

 

Edited August 12, 2023 by Mike E

[Jasmine02 4]

4 minutes ago, Mike E said:

I-864.

 

Legally unemployment benefits can  count, but practically, since these be benefits will not last, I expect push back from DoS or USCIS.

 

1. How old is your child?

 

2. How old was your child when you married your current U.S. citizen husband?

 

3. Is your child in the U.S. today?

 

 

Hi Mike,

1. He's 19

2. He was 18+

3. Yes, he's in the US as F1

 

 

[Mike E 11,739]

6 minutes ago, Jasmine02 said:

3. Yes, he's in the US as F1

As of September 1, 2023,  F2A will not be current for filing I-485. And once it is not current, I-485 cannot be filed.

 

You need to get an I-485 package filed in the next 5 days, to ensure it gets there and marked as received by September 1.

 

22 minutes ago, Jasmine02 said:

My current job income is 5 times above threshold.

You have what you need. You do not need your husband’s income. Current income is what you will earn between today Aug 12, 2023 and Aug 11, 2024, inclusive.

 

Focus on your son’s I-485 package now.

Edited August 12, 2023 by Mike E

[Jasmine02 4]

4 minutes ago, Mike E said:

As of September 1, 2023,  F2A will not be current for filing I-485. And once it is not current, I-485 cannot be filed.

 

You need to get an I-485 package filed in the next 5 days, to ensure it gets there and marked as received by September 1.

 

You have what you need. You do not need your husband’s income. Current income is what you will earn between today Aug 12, 2023 and Aug 11, 2024, inclusive.

 

Focus on your son’s I-485 package now.

Thank you, Mike!

[Jasmine02 4]

30 minutes ago, Mike E said:

As of September 1, 2023,  F2A will not be current for filing I-485. And once it is not current, I-485 cannot be filed.

 

You need to get an I-485 package filed in the next 5 days, to ensure it gets there and marked as received by September 1.

 

You have what you need. You do not need your husband’s income. Current income is what you will earn between today Aug 12, 2023 and Aug 11, 2024, inclusive.

 

Focus on your son’s I-485 package now.

Does my husband need to file I-864A?

[Mike E 11,739]

1 minute ago, Jasmine02 said:

Does my husband need to file I-864A?

Probably not.

[Jasmine02 4]

42 minutes ago, Mike E said:

Probably not.

@Mike E Can I use I-864ez, then?

[Mike E 11,739]

17 minutes ago, Jasmine02 said:

@Mike E Can I use I-864ez, then?

Tick tock.

 

keep it simple. I-864

[Jasmine02 4]

On 8/12/2023 at 12:57 PM, Mike E said:

Tick tock.

 

keep it simple. I-864

Hi @Mike E, can you advise:

1) Does it matter if the check to USCIS come from persons other than petitioner/beneficiary?

2) No time to wait for medical exam, can I interfile without waiting for RFE?

Thank you.

[Mike E 11,739]

16 minutes ago, Jasmine02 said:

Hi @Mike E, can you advise:

1) Does it matter if the check to USCIS come from persons other than petitioner/beneficiary?

Per the following it does not matter, but it is a good idea in the memo of the check to write the names of the I-130 petitioner and beneficiary.

16 minutes ago, Jasmine02 said:

2) No time to wait for medical exam, can I interfile without waiting for RFE?

Thank you.

Yes, this is permitted. 

[Jasmine02 4]

2 hours ago, Mike E said:

Per the following it does not matter, but it is a good idea in the memo of the check to write the names of the I-130 petitioner and beneficiary.

Yes, this is permitted. 

Thanks again @Mike E. We managed to complete and ship, and it’s on its way to Lockbox address.  🙏🙏🙏

[Mike E 11,739]

6 minutes ago, Jasmine02 said:

Thanks again @Mike E. We managed to complete and ship, and it’s on its way to Lockbox address.  🙏🙏🙏

Congrats! Crossing my fingers its USCIS receipt date is September 1, 2023 or earlier!

[Jasmine02 4]

On 8/14/2023 at 12:03 PM, Mike E said:

Congrats! Crossing my fingers its USCIS receipt date is September 1, 2023 or earlier!

@Mike E I just found we made a mistake in asnwering the form. What can I do? Can I send immediately the revised form?

 

[Mike E 11,739]

46 minutes ago, Jasmine02 said:

@Mike E I just found we made a mistake in asnwering the form. What can I do? Can I send immediately the revised form?

 

What mistake on what form?