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I-864 currently unemployed sponsor

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  • I-864 currently unemployed sponsor

    On December 2017, I jointly submitted the I-130 and I-485 (marriage based; my wife is US citizen). At the time, my wife was working and I had an H1-B work visa. With our application package, we submitted an I-864 that showed her income at that time. We didn't include my income in that form because we had not yet filed our taxes together. For the last two years (2017 and 2018), we did file together.

    Since then, we moved to a different state. My wife stopped working at the end of January and will start her new job on July 15 (already has offer letter). I changed jobs, but I am no longer under H1-B; instead I am working using my EAD. My income alone meets the federal poverty guidelines for her, my son and myself. I will have my interview at the USCIS field office in a couple if weeks and will bring a new I-864 that reflects our new situation.

    Her "Current Income" (part 6, item 2) should be zero, but we can include my salary in items 3-5 in that same part, correct?

    Since currently I am the only one that is working, will it still be possible for her to sponsor me using the household income or do we need to find a joint sponsor?

    Thanks for any help.

  • #2
    You are looking at an old edition of the I-864 form; you need to use the current one if you are submitting a new one. Her current individual income is on Part 6 #7 of the current I-864, and your info and income can be included in Part 6 #8-10. If her current household income, including yours, is enough, then you shouldn't need a joint sponsor.

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

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