Intending Immigrant’s Income for I-864

[EveningCareer 1]

Hi everyone,

 

For a bit of background, I am a DACA recipient who recently married a USC and we’re currently preparing my AOS package. I came here legally on a B2 visa but overstayed.

 

Our application has seemed quite straightforward with the unfortunate exception of the I-864 (😖). My USC spouse has been unemployed the past three years due to medical reasons and has received 0 income. Thus, I am including my income in the I-864. It is my understanding that I would not fill out the I-864A as I do not have any dependents.

 

As I’m the intending immigrant and using my income entirely, I’m required to provide evidence that my income will continue after immigrating to the US. As I already live in the US, I am attaching a letter from HR which states my current salary, start date, and statement confirming that they will continue to employ me after adjusting status. With this, I’m including my tax transcripts for 2021 and 2022 (we are filing jointly for 2023 so already including this), paystubs for past six months, and copies of my EADs showing that this income was earned legally.

 

So my questions are:

1) Does anyone else have experience using the intending immigrant’s income to satisfy the I-864 requirement?

 

2) My spouse did not file taxes for 2021 and 2022, so those two entries in 24.b and 24.c, respectively, are “N/A”. We’re attaching a statement clarifying that he was unemployed and received no income, thus he did not file those years. But for Part 6 Question 25, does the statement:  “I was not required to file a Federal Income Tax return…” apply to ANY of the three most recent tax years, or just if there are NO tax returns to provide at all? It’s confusing since my petitioner already checked the box for 23.a. stating that he did not file for each of the three most recent years.

 

Any advice is greatly appreciated.

[manyfudge 291]

Have you worked for 10 years in the US and have 40 SS quarters?

If not, get a cosponsor.

[EveningCareer 1]

2 minutes ago, manyfudge said:

Have you worked for 10 years in the US and have 40 SS quarters?

If not, get a cosponsor.

Unfortunately, no, I don’t have the 40 quarters yet. 

 

It’s tough to find a co-sponsor since my spouse’s parents are retired and don’t have an income. Our distant family would likely not sponsor us as they likely don’t approve of our marriage (LGBTQ), which is why I was hoping I could use my own income.

[Redro 4,611]

Just now, EveningCareer said:

Unfortunately, no, I don’t have the 40 quarters yet. 

 

It’s tough to find a co-sponsor since my spouse’s parents are retired and don’t have an income. Our distant family would likely not sponsor us as they likely don’t approve of our marriage (LGBTQ), which is why I was hoping I could use my own income.

USCIS usually allow the  use of the intending immigrant’s income but sometimes they will allow one to “slip through the cracks”. You could try to use your income but I would have a back up plan in case you receive a RFE and need to submit a joint sponsor. You do not have to ask a family member. You can also ask friends. Explain the situation to them and hopefully they will help you out. 

[manyfudge 291]

Well, according to this ILRC memo, your income because you are on DACA is admissible.  I don't know how it works in practice.

 

Page 9.

"If the intending immigrant has employment authorization (and also qualifies as a household member because they are residing with the sponsor, or are the sponsor’s spouse or claimed dependent), the petitioner/sponsor can also include the intending immigrant’s income.

 

Example: George has DACA, and is currently employed. His wife, Ruby, is petitioning for him. She is a full-time student. The couple can include George’s income to show that they meet the Affidavit of Support requirements because he has employment authorization through DACA. To include a household member’s income, the household member and sponsor must together complete and sign the Form I-864A Contract Between Sponsor and Household Member. As the name suggests, this is a contract between the contributing household member and the sponsor. In that contract, the household member agrees to be jointly and severally liable for all of the sponsor’s obligations under the Affidavit of Support. In other words, the household member would be just as responsible as the sponsor would be if the sponsor were sued and had to pay out money (see Section VI for more on sponsor obligations and liability). Unlike other household members, the intending immigrant does not have to sign an I-864A, as long as she is immigrating by herself (i.e., she is not immigrating with a spouse or child)."

 

I would engage a lawyer.  Not sure I trust USCIS to follow the rules.

[EveningCareer 1]

6 minutes ago, manyfudge said:

Well, according to this ILRC memo, your income because you are on DACA is admissible.  I don't know how it works in practice.

 

Page 9.

"If the intending immigrant has employment authorization (and also qualifies as a household member because they are residing with the sponsor, or are the sponsor’s spouse or claimed dependent), the petitioner/sponsor can also include the intending immigrant’s income.

 

Example: George has DACA, and is currently employed. His wife, Ruby, is petitioning for him. She is a full-time student. The couple can include George’s income to show that they meet the Affidavit of Support requirements because he has employment authorization through DACA. To include a household member’s income, the household member and sponsor must together complete and sign the Form I-864A Contract Between Sponsor and Household Member. As the name suggests, this is a contract between the contributing household member and the sponsor. In that contract, the household member agrees to be jointly and severally liable for all of the sponsor’s obligations under the Affidavit of Support. In other words, the household member would be just as responsible as the sponsor would be if the sponsor were sued and had to pay out money (see Section VI for more on sponsor obligations and liability). Unlike other household members, the intending immigrant does not have to sign an I-864A, as long as she is immigrating by herself (i.e., she is not immigrating with a spouse or child)."

 

I would engage a lawyer.  Not sure I trust USCIS to follow the rules.

Yeah, everything seems to indicate that I may use my income to satisfy the requirements of the affidavit, but the language seems to leave it open to the adjudicating officer’s discretion :///

[powerpuff 6,697]

*** Topic moved from AOS K1 visas to AOS work/tourist/student visas ***

[K1visaHopeful 2,814]

3 hours ago, EveningCareer said:

2) My spouse did not file taxes for 2021 and 2022, so those two entries in 24.b and 24.c, respectively, are “N/A”. We’re attaching a statement clarifying that he was unemployed and received no income, thus he (*was not legally required to file due to not meeting the minimum income threshold to*) did not file those years. But for Part 6 Question 25, does the statement:  “I was not required to file a Federal Income Tax return…” apply to ANY of the three most recent tax years, or just if there are NO tax returns to provide at all?

Any. 

Why? (Read for the long run, it will make sense in the end)... Because the original sponsor must file taxes for the three most previous years or be exempt from filing in order to be a qualifying sponsor. As the instructions state, if he didnt file and had to, he has to file before he will qualify OR he has to be exempt from filing (and explain in a statement) for ANY of the most recent 3 years before he will qualify. He will still be your sponsor regardless if he meets the financial poverty guidelines or not.

Not filing taxes when required to cannot be overcome by you or an additional sponsor. 

So because he didnt file for at least one of the previous three years AND was not required to he needs to explain why and check that he was not required to file for at least one of the three most previous years.

3 hours ago, EveningCareer said:

It’s confusing since my petitioner already checked the box for 23.a. stating that he did not file for each of the three most recent years.

 

Any advice is greatly appreciated.

 

[SteveInBostonI130 3,434]

20 hours ago, EveningCareer said:

Hi everyone,

 

For a bit of background, I am a DACA recipient who recently married a USC and we’re currently preparing my AOS package. I came here legally on a B2 visa but overstayed.

 

Our application has seemed quite straightforward with the unfortunate exception of the I-864 (😖). My USC spouse has been unemployed the past three years due to medical reasons and has received 0 income. Thus, I am including my income in the I-864. It is my understanding that I would not fill out the I-864A as I do not have any dependents.

 

As I’m the intending immigrant and using my income entirely, I’m required to provide evidence that my income will continue after immigrating to the US. As I already live in the US, I am attaching a letter from HR which states my current salary, start date, and statement confirming that they will continue to employ me after adjusting status. With this, I’m including my tax transcripts for 2021 and 2022 (we are filing jointly for 2023 so already including this), paystubs for past six months, and copies of my EADs showing that this income was earned legally.

 

So my questions are:

1) Does anyone else have experience using the intending immigrant’s income to satisfy the I-864 requirement?

 

2) My spouse did not file taxes for 2021 and 2022, so those two entries in 24.b and 24.c, respectively, are “N/A”. We’re attaching a statement clarifying that he was unemployed and received no income, thus he did not file those years. But for Part 6 Question 25, does the statement:  “I was not required to file a Federal Income Tax return…” apply to ANY of the three most recent tax years, or just if there are NO tax returns to provide at all? It’s confusing since my petitioner already checked the box for 23.a. stating that he did not file for each of the three most recent years.

 

Any advice is greatly appreciated.

 

0) Your spouse fills out the I-864 and includes your income.  You do not need to fill out the I-864A because of a special clause in the I-864 that allows the immigrating spouse to combine his/her income on the I-864 without having to fill out and sign the I-864A.

 

1) I do not but there are several cases here In the forums.

 

2) Q 24 is where you enter N/A, Q 25 is where your spouse marks he/she did not need to file taxes.

Edited February 10 by SteveInBostonI130