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  • Form I-864 questions

    I have lived in Africa since 2014 as a volunteer doing agriculture work. I got married here in february 2016 and filed the I-130 in April last year. It is finally moving so am preparing my documents.

    Last year, I returned to the US while my wife stayed in Africa. I had maintained the required domicile items, like paying taxes, having a bank account, and maintaining a permanent US addresss. However, to make it more clear I got a job. After 4 and a half months, I took a leave of absence from work (with the employer's permission) to stay with my wife in Africa till we got the visa to go through. I am on a 9 month temporary visa, rather than the 2 year work visa I had before to further show my stay is temporary and not permanent.

    So my issues are the following with the affidavit of support:

    My income in 2014-2016 was just a couple thousand dollars a year (being a volunteer doesn't exactly pay well). Far below the income requirements. My income last year was about $20,000 because of my 4 and a half months of work in the US. This is still below the income requirements for my wife, son, and myself ($29,350 - 125% of FPL). When I am back at my job in the US, my income will be about $930 a week (paid hourly), or an equivalent rate of $48,000 a year - which is enough if I work 8 months in the year. According to the I-864 instructions: "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income." Since we will probably be going to the US mid year (late June/early July if all actually goes well), my 2018 income will not be over 125% FPL even though my weekly income will be as I will not get a full 8 months of work in this tax year.

    How do I fill out the income section of I-864? Do I list my income as my income level in 2017? Or my expected yearly (12 months) when I return to the US? Or my expected 2018 income assuming I actually go to the US with my wife in June or July?

    My father is willing to provide his income with mine (he makes far more than the required amount). Is it better to list a low income, and then have my father also as a sponsor?

    If I do add my father's income, is a he a household member (I-864a) or a joint sponsor (I-864)? Some of what I have read seems to indicate that joint sponsors can only sponsor family members immigrating along with the primary immigrant, rather than the immigrant herself and that would make it seem that the only option is household member. The requirements on that are that we must live together. That's fine and what we intend to do in the short term, but how long until we could get our own house since I will be making more than the required income level? I'm not sure we want to get stuck permanently in my parent's basement because of this support requirment....

    Thanks to anyone who can shed some light on this. I really don't want to delay us going because of a dumb mistake.

  • #2
    Originally posted by Soters View Post
    I have lived in Africa since 2014 as a volunteer doing agriculture work. I got married here in february 2016 and filed the I-130 in April last year. It is finally moving so am preparing my documents.

    Last year, I returned to the US while my wife stayed in Africa. I had maintained the required domicile items, like paying taxes, having a bank account, and maintaining a permanent US addresss. However, to make it more clear I got a job. After 4 and a half months, I took a leave of absence from work (with the employer's permission) to stay with my wife in Africa till we got the visa to go through. I am on a 9 month temporary visa, rather than the 2 year work visa I had before to further show my stay is temporary and not permanent.

    So my issues are the following with the affidavit of support:

    My income in 2014-2016 was just a couple thousand dollars a year (being a volunteer doesn't exactly pay well). Far below the income requirements. My income last year was about $20,000 because of my 4 and a half months of work in the US. This is still below the income requirements for my wife, son, and myself ($29,350 - 125% of FPL). When I am back at my job in the US, my income will be about $930 a week (paid hourly), or an equivalent rate of $48,000 a year - which is enough if I work 8 months in the year. According to the I-864 instructions: "You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income." Since we will probably be going to the US mid year (late June/early July if all actually goes well), my 2018 income will not be over 125% FPL even though my weekly income will be as I will not get a full 8 months of work in this tax year.

    How do I fill out the income section of I-864? Do I list my income as my income level in 2017? Or my expected yearly (12 months) when I return to the US? Or my expected 2018 income assuming I actually go to the US with my wife in June or July?
    What matters most is your current income. Current = right now, this moment. If your current salary is enough, then that is generally enough, even if you didn't work earlier in the year or in previous years. But it sounds like you are not working and getting paid right now, so your current income is 0, even if you had worked earlier.

    Originally posted by Soters View Post
    My father is willing to provide his income with mine (he makes far more than the required amount). Is it better to list a low income, and then have my father also as a sponsor?

    If I do add my father's income, is a he a household member (I-864a) or a joint sponsor (I-864)? Some of what I have read seems to indicate that joint sponsors can only sponsor family members immigrating along with the primary immigrant, rather than the immigrant herself and that would make it seem that the only option is household member. The requirements on that are that we must live together. That's fine and what we intend to do in the short term, but how long until we could get our own house since I will be making more than the required income level? I'm not sure we want to get stuck permanently in my parent's basement because of this support requirment....
    He can be a joint sponsor. He can also be your household member since he lives with you. I am not sure where you got your idea but a joint sponsor must sponsor all the immigrants who are immigrating on the petition (unless there are two joint sponsors, who split up the immigrants among them). In this case, there is only one immigrant and the joint sponsor just sponsors this one immigrant.

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

    Comment


    • #3
      Originally posted by newacct View Post
      What matters most is your current income. Current = right now, this moment. If your current salary is enough, then that is generally enough, even if you didn't work earlier in the year or in previous years. But it sounds like you are not working and getting paid right now, so your current income is 0, even if you had worked earlier.
      Ok, that is good to know. I guess I was confused by the instruction: "You may include evidence supporting your claim about your expected income for the current year..." It seemed that it was saying you should estimate your expected income.

      Originally posted by newacct View Post
      He can be a joint sponsor. He can also be your household member since he lives with you. I am not sure where you got your idea but a joint sponsor must sponsor all the immigrants who are immigrating on the petition (unless there are two joint sponsors, who split up the immigrants among them). In this case, there is only one immigrant and the joint sponsor just sponsors this one immigrant.
      Ok, thanks for the clarification.

      Comment


      • #4
        Hi hello! I see this post is from a few years ago but I have somewhat of a similar situation and would hope to get advice. Currently living and working in Singapore with my Singaporean husband. I have not started the I-130 petition yet as there is no clear processing time and fear when i finish my contract (december) here and prepare to head to the U.S. first the Affidavit of support will rear its head and I wont be prepared. Is it better to settle back into the U.S. i.e. having employment and residing back home for a bit and then start the petition or would I set myself back in the waiting time? I may start the process in September with the hopes it will take a few months and by then I'd be back and working. I don't have many reliable people for joint sponsorship so it's really up to me. ???? i'm so stressed!

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