I-864 sponsor, Experts please advise

[topcatin]

My wife and me are in the process of starting the green-card application for me. I am currently on H1. My wife is currently searching for a job but has worked before. I noticed on the I-864 it says that if we were married for atleast 6 months, I can list myself as a sponsor. But we just got married in June 2009 and my wife was without a job for a year. In the I-864, can I still list myself as a sponsor with her and show my income as joint sponsor?

Experts,Subramanya and Admin please advise.

Thank you,

[bkwld]

On what basis are you applying the Green Card? Employment or family petition? If your wife is citizen and is petitioning for you then you will need the following:

(1) I-864 (from your wife regardless of income)
(1) I-864 (co-sponsor, you will need co-sponsor since your wife does not have income)
(1) I-864A (co-sponsor's spouse if there is one)

You can certainly list assets for I-864 without an income to qualify but the above scenario is the best option for you at this time.

[topcatin]

Thank you for your reply. This is a family-based petition or family-based green-card. In the I-864 it states that I can list myself as a sponsor along with my wife if I reside with her and I continue to have my source of income from the same place even after getting the green-card. This means I am supposed to continue to work with the same employer even after getting the GC? Doesn't this defeat the purpose of the green-card?

With regards to what you mentioned, can I list myself(the immigrant) as a co-sponsor?

[bkwld]

It should be okay as long as you two live together and you will be continued to be employed from your current job after getting the Green card. You will need to submit in addition to other documents (tax return, paystub) a Continuing of Offer letter from your current employer as well mentioning there are no foreseeable change to your employment with the company anytime soon. And a personal statement that you will continue to work for the same company.

(1) I-864 (from your wife and list yourself in Part 6 #24)

[topcatin]

It should be okay as long as you two live together and you will be continued to be employed from your current job after getting the Green card. You will need to submit in addition to other documents (tax return, paystub) a Continuing of Offer letter from your current employer as well mentioning there are no foreseeable change to your employment with the company anytime soon. And a personal statement that you will continue to work for the same company.

(1) I-864 (from your wife and list yourself in Part 6 #24)

Does this mean I cannot change jobs at all and I have to stick to my company forever even after I get my Green-card?
We are also applying for my EAD and with this I can change jobs. So I don't understand how the condition of staying in the same job even after getting the GC applies. Doesn't this defeat the purpose of EAD or even GC for that sake?

[bkwld]

No, it’s not like they require you to work for the same company. They just want to make sure you will be employed and have income after you get your green card and until you get your citizenship. Therefore, you want to show evidence that you will continue to be employed. If you happen to change job, you will need to submit (paystub, tax return continuing Offer of employment letter and personal statement, etc.) again based on your new employer perhaps during your interview(s). At which point they might determine that you have unstable employment history or simply will state that the evidence you submit is not sufficient to support your household. You are at their discretion. However, having said that, that is the worse case scenario. If you find a new stable job you shouldn’t have much trouble as long as you provide the same evidence again when need arise (during interview(s) if asked, I-751, etc.).

[topcatin]

No, it’s not like they require you to work for the same company. They just want to make sure you will be employed and have income after you get your green card and until you get your citizenship. Therefore, you want to show evidence that you will continue to be employed. If you happen to change job, you will need to submit (paystub, tax return continuing Offer of employment letter and personal statement, etc.) again based on your new employer perhaps during your interview(s). At which point they might determine that you have unstable employment history or simply will state that the evidence you submit is not sufficient to support your household. You are at their discretion. However, having said that, that is the worse case scenario. If you find a new stable job you shouldn’t have much trouble as long as you provide the same evidence again when need arise (during interview(s) if asked, I-751, etc.).

Ok good. So lets say we send in our paper work with me as a sponsor with my income. I get my EAD and I get a better job at this point, I can start working in the new job. And this also shows that I have a steady income? And since I changed jobs I should show the pay-stub offer letters of the new job?

[bkwld]

I suppose yes you can do that, however, you are giving evidence that you have income from current employer and you will have no foreseeable interruption in that job so that you can qualify your income on the I-864. If you quit and get another job, your I-485 might be denied or they might RFE (request for evidence) which will delay your application. If you DO NOT submit evidence in the first place that you will be working for your current employer after the GC, then you cannot use your income in I-864. Its bit confusing and I might be wrong but, its pretty straight froward. You just have to remember I-864 is a contract and a promise with the U.S. government.

Also, you are not a sponsor in I-864, your wife is. Since her income will be listed as $0 more scrutiny to your evidence. You are listed as source of income to the household condition upon the evidence you submit. This is why often, co-sponsor is used if available instead.

[topcatin]

I suppose yes you can do that, however, you are giving evidence that you have income from current employer and you will have no foreseeable interruption in that job so that you can qualify your income on the I-864. If you quit and get another job, your I-485 might be denied or they might RFE (request for evidence) which will delay your application. If you DO NOT submit evidence in the first place that you will be working for your current employer after the GC, then you cannot use your income in I-864. Its bit confusing and I might be wrong but, its pretty straight froward. You just have to remember I-864 is a contract and a promise with the U.S. government.

Also, you are not a sponsor in I-864, your wife is. Since her income will be listed as $0 more scrutiny to your evidence. You are listed as source of income to the household condition upon the evidence you submit. This is why often, co-sponsor is used if available instead.

I mean't changing jobs after I get my EAD and thats what I intend to do. I believe there is one interview before I get the GC and EAD comes in 3 months from the time of applying. And when I change jobs after getting the EAD, I can mention in the interview if asked about my new job. Another thing is my current passport expires in March 2010, do you think I can just renew my passport in December which will be roughly after I get my EAD or should I renew my passport before starting this process? I was thinking, I can renew it in Dec and while going for the interview, then mention to them that I renewed my passport.
Thanks so much for your replies.