Can I use my own income on i-864, without tax returns?

[toaosornotto 1]

The petitioner does not make enough income and I do not live with the petitioner. I am currently participating in a J1 program that pays me a stipend that puts me above the 125% of poverty guidelines. The income will continue once I get my EAD. I have paystubs of 6 months and can have an employment letter (it will be an appointment letter) stating the income will continue once I get my EAD or GC. Is this fine to include to overcome the public charge? Or do I need a tax return?

Edited September 3 by toaosornotto

[Ontarkie 14,193]

~~Thread moved from Bringing Family of USC to AOS from Work, Student and Tourist Visas- Op is asking about AOS from J1~~

[OldUser 6,507]

My suggestion is to find a qualifying joint sponsor.

[AndiB 677]

The sponsor has to be a USC I believe

[OldUser 6,507]

38 minutes ago, AndiB said:

The sponsor has to be a USC I believe

The primary sponsor will always have to file I-864 even if they don't make enough to sponsor. But then a joint sponsor may be required, who is a LPR or US citizen. There's a provision allowing to consider immigrant's income IF their source of income meets the eligibility and will continue after becoming LPR from same job.

 

BUT from OP's message it isn't clear how much exactly they make (how well above 125% it is) PLUS it's a stipend. I think the chances of USCIS considering this income are on the low end. Hence recommending finding a joint sponsor who makes well above the requirement.

Edited September 3 by OldUser

[toaosornotto 1]

30 minutes ago, OldUser said:

The primary sponsor will always have to file I-864 even if they don't make enough to sponsor. But then a joint sponsor may be required, who is a LPR or US citizen. There's a provision allowing to consider immigrant's income IF their source of income meets the eligibility and will continue after becoming LPR from same job.

 

BUT from OP's message it isn't clear how much exactly they make (how well above 125% it is) PLUS it's a stipend. I think the chances of USCIS considering this income are on the low end. Hence recommending finding a joint sponsor who makes well above the requirement.

It is $2500/month so $30,000 annually.

[OldUser 6,507]

2 minutes ago, toaosornotto said:

It is $2500/month so $30,000 annually.

Assuming the household size is 2 and you live in one of the 48 continuous States... The 125% of HHS Poverty Guideline is $25550.

Source: https://www.uscis.gov/i-864p

 

This is only $4450 above the very minimum.

 

In my opinion (not a legal advice), there's a great chance of getting RFE down the line if you try to use your income and it's this close to the 125%.

 

All of this can result in delays getting your case approved as you will be searching for joint sponsor then and there and having USCIS to pay attention to your RFE reply.

 

I'd find somebody with at least $40k income ($50000+ even better for every year in each of the last 3 years) to be a joint sponsor.

 

Please do not take personally, I say this to save your time and reduce chance of RFE.

 

Good luck!

 

 

 

 

 

[toaosornotto 1]

9 minutes ago, OldUser said:

Assuming the household size is 2 and you live in one of the 48 continuous States... The 125% of HHS Poverty Guideline is $25550.

Source: https://www.uscis.gov/i-864p

 

This is only $4450 above the very minimum.

 

In my opinion (not a legal advice), there's a great chance of getting RFE down the line if you try to use your income and it's this close to the 125%.

 

All of this can result in delays getting your case approved as you will be searching for joint sponsor then and there and having USCIS to pay attention to your RFE reply.

 

I'd find somebody with at least $40k income ($50000+ even better for every year in each of the last 3 years) to be a joint sponsor.

 

Please do not take personally, I say this to save your time and reduce chance of RFE.

 

Good luck!

 

 

 

 

 

I have additional funding of $10,000 listed on my DS-2019. This is from my home university and personal funds. Can these funds count?

[OldUser 6,507]

5 minutes ago, toaosornotto said:

I have additional funding of $10,000 listed on my DS-2019. This is from my home university and personal funds. Can these funds count?

Maybe (also depends whether it's on your tax returns in taxable income).

 

As you see, I'm skeptical but maybe others are more optimistic.

 

Good luck!

[Boiler 45,361]

I do not see much joy, even for a USC or LPR they will not count future income.

[nastra30 2,281]

Op, ask spouse to get a joint sponsor. Path of least resistance. Good luck.

[toaosornotto 1]

2 minutes ago, nastra30 said:

Op, ask spouse to get a joint sponsor. Path of least resistance. Good luck.

This is always the first preference, but unfortunately no one is agreeing to be a joint sponsor. I am considering going back if I can't overcome this.

[AndiB 677]

18 hours ago, OldUser said:

Assuming the household size is 2 and you live in one of the 48 continuous States... The 125% of HHS Poverty Guideline is $25550.

Source: https://www.uscis.gov/i-864p

 

This is only $4450 above the very minimum.

 

In my opinion (not a legal advice), there's a great chance of getting RFE down the line if you try to use your income and it's this close to the 125%.

 

All of this can result in delays getting your case approved as you will be searching for joint sponsor then and there and having USCIS to pay attention to your RFE reply.

 

I'd find somebody with at least $40k income ($50000+ even better for every year in each of the last 3 years) to be a joint sponsor.

 

Please do not take personally, I say this to save your time and reduce chance of RFE.

 

Good luck!

 

 

 

 

 

A risk for sure, esp if from LPR or non-citizen but just to say, my husband made 1k over threshold and under threshold yr prior and we weren't RFE'd

[OldUser 6,507]

2 minutes ago, AndiB said:

A risk for sure, esp if from LPR or non-citizen but just to say, my husband made 1k over threshold and under threshold yr prior and we weren't RFE'd

As my signature says, I always recommend the bulletproof plan.

 

I don't want to be that guy on the internet who said it was OK but the plan failed for OP.

Edited September 4 by OldUser

[Boiler 45,361]

4 hours ago, toaosornotto said:

This is always the first preference, but unfortunately no one is agreeing to be a joint sponsor. I am considering going back if I can't overcome this.

Get a job?