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  • Using intending immigrant income

    Hey guys
    Hey newacct
    Hey inadmissible
    i entered US by visitor visa in 2015 stopped by CBP in domestic Airport due to overstayed visa and started the removal long short story Im married to USC in 2016 and sent our packages in 2017 I received my EAD on June and started working on September so far I make 1000 every week with my new job I never worked illegally I was using my savings account since I come to the US however my spouse unemployed so I'm the one who taking care of everything as beneficiary can I use my income without having a joint sponsor
    I spoke with my attorney and he said I need to have a join sponsor because I'm in removal is that true?
    I've read the instructions and there's a part stated the sponsor can use the intending immigrant income
    I'm just confused and I'm unable to find a joint sponsor
    Note I started my job on September and I have pay statement for the last 2 months that shows I get paid 1000$ every week
    Your answers would be appreciated
    Regard
    Last edited by Pro9; 10-25-2017, 08:07 AM.

  • #2
    No advice, I am wondering too for my sister in law she is the one who works most and her husband (sponsor) is currently unemployed and on unemployment.

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    • #3
      I do believe you need to fill out form I-864A though in addition to I-864.

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      • #4
        You can use your income for i-864. Your spouse(sponsor) will still need to file i-864 (including you as a member of the household) and you will also have to file i-864A. You will need your pay stubs for the last several pay cycles. You will also need a letter from your employer that says your income will continue from the same source even after you adjust status. Basically what that means is that you will not loose you job because you are now a LPR. Also look into getting a joint sponsor as a back up as with the USCIS you never know.
        Last edited by azblk; 10-25-2017, 01:13 PM.

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        • #5
          Originally posted by arbrts View Post
          I do believe you need to fill out form I-864A though in addition to I-864.
          I-864A is not needed for the intending immigrant's income to be counted.

          Originally posted by azblk View Post
          You can use your income for i-864. Your spouse(sponsor) will still need to file i-864 (including you as a member of the household) and you will also have to file i-864A.
          I-864A is not needed for the intending immigrant's income to be counted.

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            I appreciate your response guys but I'll like to correct something if I'm not wrong I think I don't need to file i864A because I'm the only immigrant
            This is straight from the instructions
            □ If you are using the income of persons in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her.

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            • #7
              .

              - - - Updated - - -

              Originally posted by Pro9 View Post
              I appreciate your response guys but I'll like to correct something if I'm not wrong I think I don't need to file i864A because I'm the only immigrant
              This is straight from the instructions
              □ If you are using the income of persons in your household or dependents to qualify, a separate Form I-864A for each person whose income you will use. However, an intending immigrant whose income is being used needs to complete Form I-864A only if his or her spouse and/or children are immigrating with him or her.
              Yes you are right. Keyword is ONLY.

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              • #8
                I've spoke to my attorney and he said I can't use my income since I haven't been working for the last 3 years it's very frustrating
                I'm unable to find a sponsor and my court day it's coming up on December

                Comment


                • #9
                  Originally posted by Pro9 View Post
                  I've spoke to my attorney and he said I can't use my income since I haven't been working for the last 3 years it's very frustrating
                  I'm unable to find a sponsor and my court day it's coming up on December
                  Does your spouse have income from the last 3 years? Have they been chronically unemployed? What about your spouses family ?
                  Last edited by azblk; 10-25-2017, 09:38 PM.

                  Comment


                  • #10
                    Originally posted by Pro9 View Post
                    I've spoke to my attorney and he said I can't use my income since I haven't been working for the last 3 years it's very frustrating
                    I'm unable to find a sponsor and my court day it's coming up on December
                    What matters is your current (right now, today) income, not what you made last year or last 3 years.

                    This is my personal opinion and is not to be construed as legal advice.

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                    • #11
                      My wife doesn't work she take care of our house and do some volunteer work I've asked my family in law my father in law doesn't make enough income and he gets some help from the government such as food stamp etc I also help my family in law to cover some bills

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                      • #12
                        Originally posted by Pro9 View Post
                        I received my EAD on June and started working on September so far I make 1000 every week with my new job I never worked illegally ... I've spoke to my attorney and he said I can't use my income since I haven't been working for the last 3 years it's very frustrating
                        maybe you need a new attorney

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                        • #13
                          Originally posted by newacct View Post
                          What matters is your current (right now, today) income, not what you made last year or last 3 years.
                          I absolutely make 1000 every week with my current job and I have in my saving account around 20k

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                          • #14
                            Originally posted by inadmissible View Post
                            maybe you need a new attorney
                            Maybe you're right because he even told me I'm unable to get my EAD because I'm in removal, I've read a lot on the internet and I found how to do it without his help

                            Comment


                            • #15
                              I'm thinking to replace him but he almost took 2000 from me and he didn't do anything yet I don't know if I can get my money back I'll look at his policy

                              Comment

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