Affidavit of support for applicant also using their income - I864 or 864A?

[tomsmith1]

I don't make enough money to fill out the I864 on my own, but my spouse who is the applicant makes well above this amount.


I know I can use her income if she can prove she can make the money while in the U.S.A., however I can't figure out which form she fills out, a second 1864 or 864A?

[rayb]

If your spouse is "legal to work," she can add an I-864A to your I-864.

--Ray B

I don't make enough money to fill out the I864 on my own, but my spouse who is the applicant makes well above this amount.


I know I can use her income if she can prove she can make the money while in the U.S.A., however I can't figure out which form she fills out, a second 1864 or 864A?

[tomsmith1]

If your spouse is "legal to work," she can add an I-864A to your I-864.

--Ray B

What does "legal to work" mean? She works in her country, often over the phone doing business completely self employed, about 10k USD a month when she works. So 864a?

[rayb]

By "Legal to work," I mean legal to work in the U.S., with a Work Authorization or employment-based visa. If she is outside the U.S., or in the U.S. and not legally eligible to work, you cannot use her as a co-sponsor.

--Ray B

What does "legal to work" mean? She works in her country, often over the phone doing business completely self employed, about 10k USD a month when she works. So 864a?

[tomsmith1]

By "Legal to work," I mean legal to work in the U.S., with a Work Authorization or employment-based visa. If she is outside the U.S., or in the U.S. and not legally eligible to work, you cannot use her as a co-sponsor.

--Ray B

Sh**, I have no one else to co-sponsor... do you know how long I need to be earning money in order to qualify to sponsor her? Like if I started earning 5000 USD per month starting next month would 1 or 2 month be sufficient to send in the 864 paper? We are basically just traveling around the world right now changing countries every month because she is waiting to get a greencard and the won't give her a visa while she is still in the process.


Also any idea of how else I can show we won't go on welfare? She always sends me money when she has to go back to her country for a while, but I read gifts couldn't be used either on the form...

[rayb]

If you petition someone, you need to plan on having sufficient proof of ongoing income to sponsor that person. If, as you say, you are "travelling around the world" waiting for your wife to get a spousal visa, you're not being realistic. You, as the petitioner and primary sponsor, should be gathering proof of employment and income, unless you have a stable parent or family friend who will step in and be a joint sponsor.

--Ray B

Sh**, I have no one else to co-sponsor... do you know how long I need to be earning money in order to qualify to sponsor her? Like if I started earning 5000 USD per month starting next month would 1 or 2 month be sufficient to send in the 864 paper? We are basically just traveling around the world right now changing countries every month because she is waiting to get a greencard and the won't give her a visa while she is still in the process.


Also any idea of how else I can show we won't go on welfare? She always sends me money when she has to go back to her country for a while, but I read gifts couldn't be used either on the form...

[tomsmith1]

If you petition someone, you need to plan on having sufficient proof of ongoing income to sponsor that person. If, as you say, you are "travelling around the world" waiting for your wife to get a spousal visa, you're not being realistic. You, as the petitioner and primary sponsor, should be gathering proof of employment and income, unless you have a stable parent or family friend who will step in and be a joint sponsor.

--Ray B

I still don't understand why we can't use her income since she can make the 125% of poverty in a month if she works hard. Are you guys sure there is no way to include that income?