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I-864 Interview Prep Question

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  • I-864 Interview Prep Question

    So I have an interview coming up at the end of the month. My wife and I filed the I-864 with 2016 tax returns last year. She was working at a job making enough that we didn't need to worry about including any other financials in the application.

    Fast forward to June this year. Things were taking forever and my wife was not enjoying her work anymore. I had my EAD and got a job making almost double what she was making. So we decided it would be best for her to resign and look for something else. We didn't need her income and the interview seemed like a long way in the future.

    Long story short, family and other stuff kept coming up so a new job was never obtained. We didn't even think about the interview and my wife still does not have any permanent work. She has just started doing some part time stuff working for herself and currently has one "customer" on a short term contract paying about $1000.00 a month.

    I'm still working my job making above the 125% poverty line.

    We just got our interview notice and know we will need to bring updated I-864 documentation, 2017 tax return and supporting employment documents. I'm worried about her ability to be my sponsor though.

    Our 2017 return shows that she made above 125% of the poverty line, however, she will not be able to provide a letter from her employer because she is her employer. In addition, she doesn't have any paystubs (interview notice said to bring 2). As I understand my income can count toward the sponsorship (we have been married for almost 18 months and living together in the same residence since getting married) though. If that is the case I'm not too worried.

    I'm uncertain of how to go about filling out a new I-865 showing my wife's current position.

    Any help/advice from someone in a similar situation would be greatly appreciated.
    Last edited by dubi; 10-04-2018, 12:31 PM.
    Original PD: 07/10/2017
    RFE PD: 8/23/2017

    8/03/2017 - RFE Received
    8/23/2017 - Response to RFE
    10/12/2017 - EAD Mailed
    3/15/2018 - I-485 Status "Case is ready to be scheduled"
    9/25/2018 - I-485 "Interview Was Scheduled"
    10/31/2018 - Interview Date
    10/31/2018 - I-485 Approved on the spot, card has been ordered

  • #2
    Bumping for visibility. Any advice/help from someone in a similar situation would be great!
    Original PD: 07/10/2017
    RFE PD: 8/23/2017

    8/03/2017 - RFE Received
    8/23/2017 - Response to RFE
    10/12/2017 - EAD Mailed
    3/15/2018 - I-485 Status "Case is ready to be scheduled"
    9/25/2018 - I-485 "Interview Was Scheduled"
    10/31/2018 - Interview Date
    10/31/2018 - I-485 Approved on the spot, card has been ordered

    Comment


    • #3
      What date exactly was your wifes start of unemployment? What was her YTD earnings?
      Did she meet 125% level in 2015,2016,2017?

      Comment


      • #4
        Originally posted by cali2018 View Post
        What date exactly was your wifes start of unemployment? What was her YTD earnings?
        Did she meet 125% level in 2015,2016,2017?
        She left her job during June 2018. Can't remember exactly which day. Kinda complicated because she stayed on doing some work for them here and there for a few weeks after that too. But in a completely different capacity and at much lower pay rate and not even 10hrs a week. Some weeks 0 hours. As of end August though, she was no longer doing anything for them.

        2015 I don't think she made 125%. 2016 and 2017 she made over 125% (between 35-42k). We filed the I-864 with 2016 returns last year.

        As I mentioned, we're eligible to have my income be included for the household income and I'm making well over the 125% so based on my understanding, we'll be fine. I'm just not sure how to update the I-864 documentation with the 2017 returns and then represent my wife's current employment situation (she's the USC and I'm the immigrant).
        Last edited by dubi; 10-04-2018, 01:19 PM.
        Original PD: 07/10/2017
        RFE PD: 8/23/2017

        8/03/2017 - RFE Received
        8/23/2017 - Response to RFE
        10/12/2017 - EAD Mailed
        3/15/2018 - I-485 Status "Case is ready to be scheduled"
        9/25/2018 - I-485 "Interview Was Scheduled"
        10/31/2018 - Interview Date
        10/31/2018 - I-485 Approved on the spot, card has been ordered

        Comment


        • #5
          IO will ask if your wife is working, she will say her current status and unemployment date start. 90% chance IO will not care, since her YTD earnings plus your future YTD earnings high enough. I would still prepare a new i864 with her as unemployed and you working with the new income totals just in 10% case.

          Our IO did not care, but I had a new i864 ready filled out with latest info never needed it. You do not update it you start a new one, so your 2017 taxes is now taxes you attach, the 3 years is now 2017/2016/2015. Then you add your income for current year. Again just do one fresh.

          Comment


          • #6
            Originally posted by cali2018 View Post
            IO will ask if your wife is working, she will say her current status and unemployment date start. 90% chance IO will not care, since her YTD earnings plus your future YTD earnings high enough. I would still prepare a new i864 with her as unemployed and you working with the new income totals just in 10% case.

            Our IO did not care, but I had a new i864 ready filled out with latest info never needed it. You do not update it you start a new one, so your 2017 taxes is now taxes you attach, the 3 years is now 2017/2016/2015. Then you add your income for current year. Again just do one fresh.
            Great, thanks for helping to answer that question! Much appreciated
            Original PD: 07/10/2017
            RFE PD: 8/23/2017

            8/03/2017 - RFE Received
            8/23/2017 - Response to RFE
            10/12/2017 - EAD Mailed
            3/15/2018 - I-485 Status "Case is ready to be scheduled"
            9/25/2018 - I-485 "Interview Was Scheduled"
            10/31/2018 - Interview Date
            10/31/2018 - I-485 Approved on the spot, card has been ordered

            Comment


            • #7
              No problem, again major chance the IO will not even care if your submitted i-864 looks strong enough. Only show them the new i-864 if asked.

              Comment

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