I-864 urgent query

[ryan360]

Hi everyone here is my situation,

My wife is a citizen filing for my Green Card. I am on H1-B since 2010 and working full time since 2010. My wife was student so did not had any income and so no tax return for 2011. In 2012 her total income was 19,756. In 2013 her total income was 15,567.

Now the 125% poverty line income for household of 2 is 19,662 and she do not meet this requirement for 2013. So I guess we have 2 options:

1) My father-in-law ( he is US citizen) is willing to fill I-864 but
a) he is not living with us in the same house, so will he qualify to fill I-864 because I saw that if your relative is filing as Joint Sponsor he/she needs to be living in the same house (Please correct if I am wrong)
b) he is going to sponsor his Mom for visitor visa. So is this in any way going to matter.

2) I can use my income with my wife's income so the combined income exceeds the 125% but
a) I saw that I will have to work for the same employer after I get my Green Card. I do not know how long and I do not know if USCIS does really keep a track of it or not. Please help me on this. If I happen to combine my income with my wife's which form I will have to fillup

Please help as I am really getting frustated with this financial thing. I have completed all other forms but just got stuck with this one.

[rayb]

Your father-in-law does not have to be at the same address to be a joint sponsor and to provide an I-864 sponsorship package.

--Ray B

Hi everyone here is my situation,

My wife is a citizen filing for my Green Card. I am on H1-B since 2010 and working full time since 2010. My wife was student so did not had any income and so no tax return for 2011. In 2012 her total income was 19,756. In 2013 her total income was 15,567.

Now the 125% poverty line income for household of 2 is 19,662 and she do not meet this requirement for 2013. So I guess we have 2 options:

1) My father-in-law ( he is US citizen) is willing to fill I-864 but
a) he is not living with us in the same house, so will he qualify to fill I-864 because I saw that if your relative is filing as Joint Sponsor he/she needs to be living in the same house (Please correct if I am wrong)
b) he is going to sponsor his Mom for visitor visa. So is this in any way going to matter.

2) I can use my income with my wife's income so the combined income exceeds the 125% but
a) I saw that I will have to work for the same employer after I get my Green Card. I do not know how long and I do not know if USCIS does really keep a track of it or not. Please help me on this. If I happen to combine my income with my wife's which form I will have to fillup

Please help as I am really getting frustated with this financial thing. I have completed all other forms but just got stuck with this one.

[ryan360]

Your father-in-law does not have to be at the same address to be a joint sponsor and to provide an I-864 sponsorship package.

--Ray B

Thank you very much Ray.

Also I forgot to add that my wife got a new job last month and her annual income is 37,874. So shall I submit I-864EZ with her last 2 years return and if the USCIS thinks that the income is not enough ( which they will probably do ) will ask us for my wife's current income. Then if I submit the new job pays stub I am good

So basically without getting into the above 2 options can I take a chance here?

[rayb]

Ryan,

Having a new job for one month is not likely to be accepted as proof of sponsorship. Submit your wife's I-864 as primary sponsor, but also include the father-in-law's sponsorship package.

--Ray B

Thank you very much Ray.

Also I forgot to add that my wife got a new job last month and her annual income is 37,874. So shall I submit I-864EZ with her last 2 years return and if the USCIS thinks that the income is not enough ( which they will probably do ) will ask us for my wife's current income. Then if I submit the new job pays stub I am good

So basically without getting into the above 2 options can I take a chance here?

[ryan360]

Ryan,

Having a new job for one month is not likely to be accepted as proof of sponsorship. Submit your wife's I-864 as primary sponsor, but also include the father-in-law's sponsorship package.

--Ray B

Thank you Ray, I will include I-864 completed by my father-in-law also.

The I-864 package would include:

last 3 yrs W2
last 3 yrs TAX RETURN (federal)
last 6 month paystub

Please advice if I am missing anything

[ryan360]

Ryan,

Having a new job for one month is not likely to be accepted as proof of sponsorship. Submit your wife's I-864 as primary sponsor, but also include the father-in-law's sponsorship package.

--Ray B

Thank you Ray. In form I-864 I have some confusion in Part 5:

Persons you are sponsoring in this affidavit:

1. Enter the number you enter on line 7 of Part 3. __1___

Persons NOT sponsored in this affidavit:

2. Yourself. __1___

3. If you are currently married, enter 1 for your spouse. _1_

Then it says on 8. that add lines 1-7. Now in my wife's case this number adds to be 3 but I think our household size is 2 as me and her are living together ourselves. In my father-in-law's case the addition will be 3 which I totally understand but in my wife's case I am confused.

[rayb]

The sponsorship package only needs I-864, 1 year of most recent Federal tax return and W2 forms, proof of employment (either paystubs or employer letter), and proof of U.S. citizenship or Green Card status for a co-sponsor.

--Ray B

Thank you Ray, I will include I-864 completed by my father-in-law also.

The I-864 package would include:

last 3 yrs W2
last 3 yrs TAX RETURN (federal)
last 6 month paystub

Please advice if I am missing anything

[ryan360]

The sponsorship package only needs I-864, 1 year of most recent Federal tax return and W2 forms, proof of employment (either paystubs or employer letter), and proof of U.S. citizenship or Green Card status for a co-sponsor.

--Ray B

Thank you very much Ray.

In form I-864 I have some confusion in Part 5:

Persons you are sponsoring in this affidavit:

1. Enter the number you enter on line 7 of Part 3. __1___

Persons NOT sponsored in this affidavit:

2. Yourself. __1___

3. If you are currently married, enter 1 for your spouse. _1_

Then it says on 8. that add lines 1-7. Now in my wife's case this number adds to be 3 but I think our household size is 2 as me and her are living together ourselves. In my father-in-law's case the addition will be 3 which I totally understand but in my wife's case I am confused.

[rayb]

Ryan,

You are being sponsored, so that is one.

Your wife is the petitoner and the sponsor, so that is a second person.

Your household size, for sponsorship purposes, is 2.

--Ray B

Thank you very much Ray.

In form I-864 I have some confusion in Part 5:

Persons you are sponsoring in this affidavit:

1. Enter the number you enter on line 7 of Part 3. __1___

Persons NOT sponsored in this affidavit:

2. Yourself. __1___

3. If you are currently married, enter 1 for your spouse. _1_

Then it says on 8. that add lines 1-7. Now in my wife's case this number adds to be 3 but I think our household size is 2 as me and her are living together ourselves. In my father-in-law's case the addition will be 3 which I totally understand but in my wife's case I am confused.

[ryan360]

Ryan,

You are being sponsored, so that is one.

Your wife is the petitoner and the sponsor, so that is a second person.

Your household size, for sponsorship purposes, is 2.

--Ray B

Thank you very much Ray

[ryan360]

Thank you very much Ray

I get that my household is 2 but the I-864 is so confusing because in Part 5 when I add line 1-7 it becomes 3 when my wife is filling it and it becomes 3 also for my father-in-law.

In Part 5 section 3 is more confusing becasue it says "If you are currently married, enter 1 for your spouse. So if I insert 1 here I cannot have total addition of lines 2 but I get 3.

[rayb]

The father's income is not shown on your wife's I-864. Hie sponsorship package is separate from your wife's package.

Do not check the "spouse" box if the spouse is the immigrant, so the household size is only 2.

--Ray B

I get that my household is 2 but the I-864 is so confusing because in Part 5 when I add line 1-7 it becomes 3 when my wife is filling it and it becomes 3 also for my father-in-law.

In Part 5 section 3 is more confusing becasue it says "If you are currently married, enter 1 for your spouse. So if I insert 1 here I cannot have total addition of lines 2 but I get 3.

[ryan360]

The father's income is not shown on your wife's I-864. Hie sponsorship package is separate from your wife's package.

Do not check the "spouse" box if the spouse is the immigrant, so the household size is only 2.

--Ray B

Got it, thnks Ray.

So household size will be 2 when my wife is filling I-864 and it will be 3 when my father-in-law is filling I-864 correct ?