I-864A

[VisaHell 0]

Hi,

I recently got married to US Citizen here and am going through the filing hell! My question is, my H1B expired in September and I left my job before it expired.

We subsequently got married and we live together now. I've filled out all the forms but am a little confused about I-864A, if I am the intending immigrant being

sponsored without any dependants (we didn't have children in the last 4 weeks that I know of), do I need to fill out I-864A or does my husband just fill out I-864

and include my assets as part of that form? What about my tax returns for the last 6 years - do I need to include any of that?

Thanks!

[sachinky 465]

Where are you living? In the U.S.? Are you filing for AOS or CR1?

[VisaHell 0]

Where are you living? In the U.S.? Are you filing for AOS or CR1?

Yes, currently living in the US....I'm not sure what AOS or CR1 is, but my husband is filing my I-485, and I-130, 131, 765 and 864 concurrently.

Btw, is there any other shortcut ways for me to get a permanent residence status since I married a US citizen - or is this filing the only way?

[sachinky 465]

Those forms would mean that you're filing for adjustment of status (AOS) from a H1.

I'd ask your question in that particular forum to ensure appropriate answers.

I wouldn't want to mislead you on the I864A as we're all doing CR1 on this forum.

Filing this is the only way. There are no faster ways or we'd all be doing them as we're all married to USC.

Good luck on your visa journey.

Edited November 12, 2009 by sachinky

[Chris Me lil D 17]

Hi,

I recently got married to US Citizen here and am going through the filing hell! My question is, my H1B expired in September and I left my job before it expired.

We subsequently got married and we live together now. I've filled out all the forms but am a little confused about I-864A, if I am the intending immigrant being

sponsored without any dependants (we didn't have children in the last 4 weeks that I know of), do I need to fill out I-864A or does my husband just fill out I-864

and include my assets as part of that form? What about my tax returns for the last 6 years - do I need to include any of that?

Thanks!

VisaHell, please create and fill in your VJ timeline, here: http://www.visajourney.com/timeline/profile.php?id=76181, it will be more helpful to other member answering your questions in order to help you.

:time:

As far as I know, you won't need to include your tax returns, only the petitioner, in your case - your husband.

AOS means adjustment of status, it's done when marriage took place in US and beneficiary is adjusting their status as staying in US by not leaving the country.

CR-1 is a 2-years conditional immigrant visa issued to beneficiaries outside US in order to become legal immigrants and enter US.

In your case you are doing AOS, so on the top of the page.

Good luck

[Darnell 8,479]

Your USC Spouse is right on track with the list of forms.

The I-864 is on HIS financial stuff, not the 'intending immigrant'. RARELY is the 'intending immigrants' assets used. It is possible, though, to use cash-value assets - they are computed (for you ) at 1/5 of the the total ceiling amount. Say you have 200,000 usd in cash - then your 'share' is 1/5 of that, or 40,000.

If he needs a co-sponser for the I-864, he can figure it out by running the math.

Don't leave the country until you have GreenCard in Hand..

[that will be 2 bowls of curry laksa, thanks in advance ! ]

Edited November 12, 2009 by Darnell

[Darnell 8,479]

and the final bit

If your USC spouse needs a co-sponser, and YOU have decided to be the CO-SPONSER, then YOU need to file the I-864A in addition to HIS I-864 . the 1/5 rule does not apply , you can use cash-value assets at 100 percent.

[ok leh - 3 bowls of curry laksa ]

[trailmix 77]

Not really correct. No curry for you!

They can include her assets, the spouse (as the intending immigrant) does not fill out an I-864A (it is all included in the I-864).

If they decide to use assets - since it is the spouse - the assets required are calculated at 3 x 125% of the poverty guidelines - not 5 times.

OP this information is all contained in the instructions for the I-864. It is very important that you read them - if you have questions after that, don't hestiate to ask!

Edited November 12, 2009 by trailmix

[VisaHell 0]

Not really correct. No curry for you!

They can include her assets, the spouse (as the intending immigrant) does not fill out an I-864A (it is all included in the I-864).

If they decide to use assets - since it is the spouse - the assets required are calculated at 3 x 125% of the poverty guidelines - not 5 times.

OP this information is all contained in the instructions for the I-864. It is very important that you read them - if you have questions after that, don't hestiate to ask!

Thanks, since my spouse's income is more than the poverty guidelines, I believe we should be fine without a co-sponsor. My assets are included in his I-864 form as well.

Another question, my spouse is in school now, do student loans count as current income as well?

[pushbrk 13,143]

Not really correct. No curry for you!

They can include her assets, the spouse (as the intending immigrant) does not fill out an I-864A (it is all included in the I-864).

If they decide to use assets - since it is the spouse - the assets required are calculated at 3 x 125% of the poverty guidelines - not 5 times.

OP this information is all contained in the instructions for the I-864. It is very important that you read them - if you have questions after that, don't hestiate to ask!

Thanks, since my spouse's income is more than the poverty guidelines, I believe we should be fine without a co-sponsor. My assets are included in his I-864 form as well.

Another question, my spouse is in school now, do student loans count as current income as well?

No. His current income would be earned from a job or passive earnings like dividends and interest. Loans are not income. If his actual "income" is sufficient, you can simply leave all asset related questions blank. In fact, you can use the simpler I-864EZ. Typically, current income is reflected either on line 22 of the tax return or annualized from gross income on a pay stub. If something has changed since the last tax return, then line 22 from a year ago is not "current". If he has a "salary" then his annualized salary is his current income. If he is paid by the hour and works full time, multiply the hourly by 2080 for the current annual income.

[sachinky 465]

What's the I864 EZ for? Only supporting through income? Or only supporting through assets?

[VisaHell 0]

What's the I864 EZ for? Only supporting through income? Or only supporting through assets?

His income this year (up until April) is above 125% of the poverty guidelines. The reason I'm concerned is he has been unemployed since April and is now

doing his MBA on combination of student loans/personal,etc. So the income earned this year was prior to him being unemployed. So, a new question arises,

does unemployment benefits from the government count as income?

[trailmix 77]

sachinky - the EZ form is used if you are only using employment income

Yes, unemployment benefits can be counted.

Just to clarify, if his only current income is unemployment benefits, that is all he can enter on line 23 of the I-864. It kind of sounds like you are going to add what he made up until now and add that to his UI - that is not correct.

It is current income only - not what he made a few months ago.

Edited November 12, 2009 by trailmix

[VisaHell 0]

sachinky - the EZ form is used if you are only using employment income

Yes, unemployment benefits can be counted.

Just to clarify, if his only current income is unemployment benefits, that is all he can enter on line 23 of the I-864. It kind of sounds like you are going to add what he made up until now and add that to his UI - that is not correct.

It is current income only - not what he made a few months ago.

Oops, that is what I was going to do. Why can't we add it - since it is asking for "current annual income"? Without it we definitely drop below the poverty guidelines! So, I guess then we would have to 3 times the difference between the $18K in the Poverty guideline and how much he receives from unemployment benefits in our Checking & Savings Accounts combined, correct? Btw, how do we show proof of the balance, do we just print out a bank statement and attach it?

Thanks for all your help!

[trailmix 77]

You can't add it because it is not 'current' that is not currently his income - i'm not sure how to explain it better than that. If he were currently working at a job and his estimated income for this year was $50,000 - even though it's only November, you could state it as $50,000. However, you can't just add income that no longer applies.

Basically they are looking for his ability to support you, stating income from a job he no longer has does not prove that, hope that makes more sense.

Yes, you will have to have assets as 3 x the 125% to make up the difference between his unemployment benefits and the $ 18,212.00 required.

(A) Evidence of assets . Evidence of the sponsor’s assets should be attached to the Form I-864. Evidence of the principal sponsored immigrant’s and/or household member assets should be attached to Form I-864A. In each instance, the evidence should establish the location, ownership, and value of each listed asset, including any liens or liabilities for each listed asset. Evidence of assets includes, but is not limited to:

· Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

· Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;

· Evidence of ownership and value of other personal property and dates acquired; and

· Evidence of ownership and value of any real estate and dates acquired.

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