Need help for I-864 Affidavit of Support

[panda1 1]

Hello,

I am on student visa and married to a USC. I need some help regarding form I -864. I am sure someone here will definitely help me out.

My spouse is a student and she works part time. Her federal tax return for the last three years fall below the poverty line. Since we both live together, I believe that my annaul income will be consider while filing i-864. After adding our annual incomes we are safe and fall above the poverty line for the household size of 2.

My question is what all documents do I need as a proof of my income. I know my USC spouse needs recent federal tax returns, W-2 and most recent pay stubs. Will the above documents from my side will be suffice or I should have some additonal documents to make the case stronger?

Thanks a lot in advance. Will appreciate for your valueable advise.

[Newbie608 103]

You can use your income ONLY if you have proof that you were legal to work( e.g an Employment Authorization Document)

[panda1 1]

You can use your income ONLY if you have proof that you were legal to work( e.g an Employment Authorization Document)

I am a grad student and I get stipend so yes, the income I plan to show is legal.

But the thing bugging me is I can only help my spouse to determine the poverty line if I have the proof that my income will be from the same source even after getting GC. This does not make any sense to me. No job is guaranteed here.

Here is the clause from i-864 instructions

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

[AnotherLostSoul 167]

Well, are you intend to just stop your grad studies as you file for AOS? If so, then yes, it cannot be used as it will be quickly terminated, and will only be your income for a next couple months. However, if you want to finish your grad studies, then you could ask your admin office to issue you an employment verification and that for the next quarter/semester your income will be as follows. Alternatively, they could drop in a line that in your masters/PhD program you are going to be enrolled and is continuing your 3rd, 4th whatever year you'll be stepped in and that your graduate program's expected end date is: 00000

That's what we did when we filed for AOS and we did not get any RFEs, or denial whatsoever. Good luck!

I am a grad student and I get stipend so yes, the income I plan to show is legal.

But the thing bugging me is I can only help my spouse to determine the poverty line if I have the proof that my income will be from the same source even after getting GC. This does not make any sense to me. No job is guaranteed here.

Here is the clause from i-864 instructions

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

[panda1 1]

Well, are you intend to just stop your grad studies as you file for AOS? If so, then yes, it cannot be used as it will be quickly terminated, and will only be your income for a next couple months. However, if you want to finish your grad studies, then you could ask your admin office to issue you an employment verification and that for the next quarter/semester your income will be as follows. Alternatively, they could drop in a line that in your masters/PhD program you are going to be enrolled and is continuing your 3rd, 4th whatever year you'll be stepped in and that your graduate program's expected end date is: 00000

That's what we did when we filed for AOS and we did not get any RFEs, or denial whatsoever. Good luck!

There is no way that I will stop my studies. But yeah, your suggestion makes sense to me. So my follow up question would be if I intend to follow your advise, what documents do I need to submit? All I can think of is my tax returns for last 3 years, w-2's and recent pay stub. Is there anything else I should provide to make my case stronger?

Thanks again for your advise.

[hmh33 117]

The i-864 is used for people in many different circumstances, including those applying from abroad, in which case it makes sense that they'd need to show some evidence if they claim that their income will continue from the same source when they move to the U.S. In your case, it can almost be assumed that it will continue. A letter from your department verifying your continued employment status should be fine.

[AnotherLostSoul 167]

So, I am a nerd at nature, and I wanted to make sure I will have no problem with AOS, so I may have submitted more than needed, but here's what I submitted:

- my three years of tax return copy (federal+state)- alternatively you could order tax transcripts from IRS, I did not do that as I was not aware at the time that you could do that. So I was very relieved that I made a photo copy of my tax returns each year before sending them over mail

- employment verification letter from my department that includes the rates I am paid, and the year that I shall finish my studies (to see I'm not done yet)

- a copy of unofficial transcript of my years of study (to show I've been doing good, and to show what year I am in so they can see I am in the midst of my studies)

- a copy of my W2s

I hope this helps. You decide what to include, but I like to "play" on the safe side and have more documents whether they're interested in, or not that is them to decide. I hope this helps! And all the best with your AOS journey!

By the way, if you like to continue your studies, can I give you one more recommendation? Make sure, you go over to your international adviser and tell him/her that you are filing for AOS, but you would like to maintain your F1 status while your AOS pending. That way, in case AOS fails (which won't!!!!) you can stay and finish your program of study! That is what I did and it is much safer than terminating your SEVIS and if AOS fails you have to pack up and go back home!

Good luck!

There is no way that I will stop my studies. But yeah, your suggestion makes sense to me. So my follow up question would be if I intend to follow your advise, what documents do I need to submit? All I can think of is my tax returns for last 3 years, w-2's and recent pay stub. Is there anything else I should provide to make my case stronger?

Thanks again for your advise.

[panda1 1]

Thanks a lot for the advise guys. I will get back to you if I need any further advise.

[newacct 688]

My question is what all documents do I need as a proof of my income. I know my USC spouse needs recent federal tax returns, W-2 and most recent pay stubs.

You are confused. The tax returns are not for proving income. It's the *current income* that needs to be over the poverty line. Tax returns are about past income. They need to be provided, but it's separate from proving current indome.

[panda1 1]

You are confused. The tax returns are not for proving income. It's the *current income* that needs to be over the poverty line. Tax returns are about past income. They need to be provided, but it's separate from proving current indome.

I am not confused but yes I agree that tax return documents are the proof of past income. For my current income I will be providing copies of previous 6 months pay stubs. I hope that will be sufficient.

Thanks

[newacct 688]

I am not confused but yes I agree that tax return documents are the proof of past income. For my current income I will be providing copies of previous 6 months pay stubs. I hope that will be sufficient.

Thanks

Yeah, and an employer letter would be the best if you can get one.