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Can i send my i485 package without joint affidavits

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  • Can i send my i485 package without joint affidavits

    guys, i have a question - is it possible to file affidavit of support from my husband only even he doesn't make enough money to sponsor me,i was trying to find someone that can help, unfortunately their incomes are too low. i have everything ready except for joint sponsor, because my husband-citizen lost his job and i REALLY can't afford to wait because of the filing fee increase-since now i am the only one working...

  • #2
    Originally posted by bethzly View Post
    guys, i have a question - is it possible to file affidavit of support from my husband only even he doesn't make enough money to sponsor me,i was trying to find someone that can help, unfortunately their incomes are too low. i have everything ready except for joint sponsor, because my husband-citizen lost his job and i REALLY can't afford to wait because of the filing fee increase-since now i am the only one working...
    No. You cannot file I-485 without an I-864 with sufficient income. They are required to deny it.

    Not sure what "filing fee increase" you are talking about. The fees last increased in Dec. 2016, and I am not aware of any upcoming fee increases.

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

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    • #3
      Can he find a job in the meantime that combined with your salary will put you at the required minimum of 125% above poverty level? If it is only the two of you with no other dependents, you should be able to both work minimum wage jobs and be above the 125% level.

      This post isn't meant to sound judgmental. Just a suggestion.
      Field Office Location: Salt Lake City, UT
      (c)9 AOS; Same Sex Couple
      09/05/2017 - Priority Date
      09/15/2017 - I-797C's Received [485, 765, 130, 131]
      10/02/2017 - Biometrics Appointment
      12/05/2017 - EAD/AP Approved and Card Being Produced
      12/08/2017 - EAD/AP Card Mailed
      12/12/2017 - EAD/AP Card Received
      03/15/2018 - Case Is Ready To Be Scheduled For An Interview
      09/19/2018 - EAP/AP Renewal Package Submitted
      11/05/2018 - Received Text that Interview Has Been Scheduled

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      • #4
        Originally posted by aggiedubs View Post
        Can he find a job in the meantime that combined with your salary will put you at the required minimum of 125% above poverty level? If it is only the two of you with no other dependents, you should be able to both work minimum wage jobs and be above the 125% level.

        This post isn't meant to sound judgmental. Just a suggestion.
        If I recall correctly, the intending immigrant's income can not be used as part of the I864; at least that is what our attorney said.

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        • #5
          I-864 Specifically refers to the Sponsoring Person

          According to the figures I found for 2018, the current minimum income for a two person household is $20,575. To be clear, that's for the year you are filing.

          If your sponsor doesn't meet that minimum, another method is to calculate the total cash value of all assets such as real estate, automobiles, stocks and possibly retirement accounts. From the sources I read, that total cash value must be 3-5 times the difference between the sponsors actual income and the minimum requirement.

          The final method of qualifying is a joint sponsor within the same household. As an example a good friend of mine was below the threshold for sponsor and required his brother to co-sponsor. Since it's a three person household the minimum income went up a bit but they were still able to cover it.

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          • #6
            Originally posted by longee94 View Post
            If I recall correctly, the intending immigrant's income can not be used as part of the I864; at least that is what our attorney said.
            The intending immigrant's income can be used, if the intending immigrant is authorized to work in the US.

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

            Comment


            • #7
              Originally posted by bethzly View Post
              guys, i have a question - is it possible to file affidavit of support from my husband only even he doesn't make enough money to sponsor me,i was trying to find someone that can help, unfortunately their incomes are too low. i have everything ready except for joint sponsor, because my husband-citizen lost his job and i REALLY can't afford to wait because of the filing fee increase-since now i am the only one working...
              When did your husband lose his job? If his 2017 taxes meet the income requirements AND his current or Year-to-date income for 2018 meets the requirement, you should be fine. Is he collecting unemployment? That is also considered income, by the way.

              You have to read the I-864 instructions. That is a separate document. TO BE CLEAR, I am not referring to the Line-by-line instructions found on the I-864 form. I am referring to the instructions. It's a 42 page document. Even if he stopped working in May -for example - and his year to date income by then exceeds the income requirement to sponsor you, then you are fine.

              There are people who work seasonally. You don't have to be slaving away all the time. That is not a requirement. The number is what matters.

              ***If anyone disagrees, please direct your concerns to OP. I am not here to argue, and I rarely return to threads where I have posted these days.***

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              • #8
                Originally posted by UScitizenFilingforspouse View Post
                When did your husband lose his job? If his 2017 taxes meet the income requirements AND his current or Year-to-date income for 2018 meets the requirement, you should be fine. Is he collecting unemployment? That is also considered income, by the way.

                You have to read the I-864 instructions. That is a separate document. TO BE CLEAR, I am not referring to the Line-by-line instructions found on the I-864 form. I am referring to the instructions. It's a 42 page document. Even if he stopped working in May -for example - and his year to date income by then exceeds the income requirement to sponsor you, then you are fine.

                There are people who work seasonally. You don't have to be slaving away all the time. That is not a requirement. The number is what matters.

                ***If anyone disagrees, please direct your concerns to OP. I am not here to argue, and I rarely return to threads where I have posted these days.***
                It doesn't matter what he earned in 2017 or 2018. He doesn't have any *current* income. Current = right now, this moment. It's current income that matters the most for the Affidavit of Support.

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

                Comment


                • #9
                  I should add that once you sort through the I-864 situation, please make sure to review the contents of this thread. https://www.immihelp.com/forum/showt...428#post590428
                  Many have found it useful in preparing their evidence of bona fide marriage for their initial petition and their subsequent interview. It now has a "sticky" which permanently keeps it on the first page of the Adjustment of status section.

                  All the best,

                  USCFFS
                  Last edited by UScitizenFilingforspouse; 12-20-2018, 06:56 PM.

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