I-864 sponsor income - what if I'm on FMLA?

[hplusj 135]

Hi there, quick hypothetical question:

 

For the I-864 that the sponsor submits, is that proof of income something you need at the interview, or for the initial petition?  My fiance and I intend to work on getting pregnant as soon as he enters the country.  The possibility that I will be on leave 9-12 months from now is a potential reality.  Will this affect my ability to sponsor him, if my pay is frozen due to FMLA?  

[SalishSea 17,819]

Yes, if it impacts your income.  You will need to show evidence of current income, as per paystubs.  You may need a joint sponsor if you time your pregnancy to coincide.

[K1visaHopeful 2,814]

Both.

You'll need a current I864 at time of filing I485 and an updated one for your in-person interview if one is requested. 

[hplusj 135]

Alrighty.  We'll see what happens, I'm not getting any younger.

Maybe someone can explain to me why his income would not be considered if he has a work permit at the time of interview?  I don't understand that part.  He'll be able to resume employment at an executive level once the permit goes through, and I'm a wage based earner.

Just going to be rough I guess.

[Demise 1,281]

5 hours ago, hplusj said:

Alrighty.  We'll see what happens, I'm not getting any younger.

Maybe someone can explain to me why his income would not be considered if he has a work permit at the time of interview?  I don't understand that part.  He'll be able to resume employment at an executive level once the permit goes through, and I'm a wage based earner.

Just going to be rough I guess.

So - strictly speaking nothing prevents you from using his income for the I-864 provided that he's authorized to work in the US (and the AOS based EAD would count there).

The biggest issue is just how AOS packets are processed: These will normally go through some sort of first review where the service center will look at the documents submitted and check off the boxes (proof of marriage, proof of your citizenship, proof of his admission, proof of his identity, his birth certificate, are the forms filled out correctly, do you make enough to satisfy the I-864, etc). That's generally the point where they'll approve the EAD (and AP if applied for) and forward the I-130/I-485 to the field office for further processing or RFE/NOID it if something's missing.

 

So the issue lays right above in the bolded part. If it passes through this first review and his EAD is approved and he's working by the time the interview rolls around then yeah sure you can use his income.

 

So all in all, you'll need to be working at the time you file for his AOS, but can instead rely on his own income by the time it gets to the interview. Also, you should check if your employer offers short or long term disability, it does beat FMLA since you can get paid during it.

Edited August 27 by Demise

[hplusj 135]

17 hours ago, Demise said:

So - strictly speaking nothing prevents you from using his income for the I-864 provided that he's authorized to work in the US (and the AOS based EAD would count there).

The biggest issue is just how AOS packets are processed: These will normally go through some sort of first review where the service center will look at the documents submitted and check off the boxes (proof of marriage, proof of your citizenship, proof of his admission, proof of his identity, his birth certificate, are the forms filled out correctly, do you make enough to satisfy the I-864, etc). That's generally the point where they'll approve the EAD (and AP if applied for) and forward the I-130/I-485 to the field office for further processing or RFE/NOID it if something's missing.

 

So the issue lays right above in the bolded part. If it passes through this first review and his EAD is approved and he's working by the time the interview rolls around then yeah sure you can use his income.

 

So all in all, you'll need to be working at the time you file for his AOS, but can instead rely on his own income by the time it gets to the interview. Also, you should check if your employer offers short or long term disability, it does beat FMLA since you can get paid during it.

This is so so helpful, thank you! 

 

Yes, I do meet the income requirements alone to file the AOS and EAD paperwork at the same time, claiming my sole income for the I-864 for the initial application will not be an issue (right around 40k).  We will be doing so ASAP after the wedding in October, so FMLA if it's happening will not be for a while.

Unfortunately it is hard to say if STD/LTD is available for my circumstances with my employer, and I reviewed my handbook and saw that they offer up to 12 weeks unpaid as per federal law for FMLA.  However, I do suspect that if the AOS interview coincides with that leave, my future husband should be working to claim more than enough.  We'll proceed with each update, as we do not intend to have a household income at any point that falls below requirements.

 

I appreciate the thorough response, thank you again.