icybluesmile

Hi all,

Hoping for some advice.

I'm Currently in USA on E2 visa - have recently married a US Citizen and I've just begun the process of adjusting status to GC.

My husband and I currently live/reside in different states, because my visa is job dependent and he is in college and we would struggle to afford out of state tuition. Luckily, we do spend Thursday to Sunday together.

Anyway, the reason for me applying for GC, was so that I could move to his state and we could eliminate the 6 hour drives and live together etc. Plus, I could work anyway and would no longer be tied to my job. However, I'm now worried that I won't find work, and that the immigration people will have an issue with the fact that I plan to live with my husband who is a student and only works part time, thus not earning an awful lot of money.

Could this be an issue? I WILL be earning at time of applying, and probably at time of interviews - but contract will be up in August, unless I renew... but don't particularly want to commit to another year of long distance commutes.

Any ideas?

Thank you.

Noorah101

Your husband should complete the I-864 as it applies to your financial situation at the time he fills out and signs the I-864. Your income will be allowed because it's earned legally.

If the situation changes by the time you go for your AOS interview, then bring along an updated I-864 to reflect any changes.

If, by some chance, you either are not working at that time, or the Officer does not allow your income (because it will be ending when the contract ends), then you should have a Joint Sponsor lined up just in case.

Bring the Joint Sponsor's I-864 package with you to the AOS interview, but you don't need to turn it in unless the Officer says you need it.

Rene

icybluesmile

Thank you for your response.

I have one other question:

If it turns out that my husband doesn't earn enough, and my earnings can't be taken into account, then how much does the joint sponsor need to be earning? Do they need to be earning above the amount set by immigration? Or is it alright if the sponsors earnings plus my husbands earnings added together are above the threshold?

I hope that makes sense.

Thank you in advance for any information anyone can offer.

ian-mstm

That depends on how many people live in the joint sponsor's household. They'd need to earn enough for their household + you. So, if the joint sponsor's household contains a husband, wife, and 2 children... then the joint sponsor needs to earn enough to cover 5 people (4 + 1). If the joint sponsor lives alone, then it's 2 people (1 + 1).


No, but they must earn at least the amount set by immigration. The current amount is here. You want the 125% column.


No. Either your husband earns enough or the joint sponsor earns enough. The incomes can't be combined.

Ian

icybluesmile

Thanks. That all makes sense.

Now, my husband's W2 from last year does state that he earned more than the amount on the guidelines for a household of two - but the amount on this year's W2 will probably be beneath the guideline amount, as he worked less hours to accommodate college classes. Presumably they will be most interested in this years W2?

I don't think we know anyone that would earn enough to qualify as a joint sponsor.

Oh dear...

Noorah101

No, the W-2's show past income. What USCIS is interested in *current* income.

The poverty level income is pretty low. You guys don't know anyone who earns over the poverty level?

Rene

icybluesmile

How do we show current income? Payslips? My husband could take on more hours at his job, but I don't know if it's too late to do so now.

I don't think we do know anyone. Parents are deceased or retired. Siblings are either unemployed or have children to support, so don't think their income would reach to support an extra person.

My own income is more than enough currently, but I want to leave the job when my contract is up in August so I can live with my husband, so it may not get taken into account.

Thank you for all the information.

Noorah101

Yes, most people use payslips, or pay stubs, and a letter from the employer stating salary, that the position is permanent, and maybe how long he's been at that job.

Rene

icybluesmile

Thanks for the info. I think the answer will be for my husband to go back to full time hours to ensure he earns enough.

CAProgrammer

Yes payslips and/or a letter from the current employer can be used to show current income.

The Joint Sponsor doesn't need to be a relative. It can be any US Citizen or US Legal Permanent Resident who is willing to sponsor you. Just thought I'd mention it as some people have close friends, etc who would be willing.

icybluesmile

Thanks, yes I saw that it could be a friend rather than a relative. It's so frustrating, as my family in England could easily be sponsors.

What does a sponsor actually have to do? (Other than provide information about their income).

CAProgrammer

They sign a contract with the US government where they have to agree to support you (should you require it) and pay for any federal means tested benefits that you use from the US government until the contract terminates. The government and/or you can sue them for this support and the contract is indefinite. It only expires if:

1. You become a U.S. citizen.
2. You have worked, or can be credited with, 40 quarters of coverage under the Social Security Act.
3. You no longer have lawful permanent resident status, and have departed the United States.
4. You become subject to removal, but apply for and obtain in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required.
5. You die.

Note that divorce does not terminate an I-864.

Download and read pages 6 and 7 of the I-864 form from here, it gives all of the information in a question and answer format.

All in all it is a pretty big responsibility.

CAProgrammer

Forgot to mention but you can do an I-864 without making enough money if you have enough in assets.

I'll leave it to you to research properly because it is a fairly vast topic.

The gist of it is that say your husband had no income but both you and him have savings in the bank; your household size is 2 (you and your husband) and the current poverty threshold for the state you live in is $18,387 for a household with 2 members. Then if your husband and you have 5x the required income in assets (i.e., $91,935) that can be used on the I-864 instead.

It is also possible to mix and match income and assets to satisfy the requirements for the I-864. Continuing with the example above, if your husband's income is $10,000 and both of you together have savings of $8,387 x 5 = $41,935 then that is okay too. The $8,387 is the current poverty threshold (i.e., $18,387) minus your husband's current income (in this example $10,000).

Note that Alaska and Hawaii have higher poverty threshold limits. Search for "I-864p" to find the document that details all of the limits for various household sizes.

icybluesmile

Thank you.

Hopefully we won't need a joint sponsor.

As I've said - my husband will (hopefully) earn just about the amount stated for a household of two. I do notice that it says that assets (which can include savings) can be taken into account to meet the amount needed if income isn't enough. Does anyone know if those savings need to be in my husbands bank account? Or could they be in mine?

icybluesmile

Thank you for the very clear example. We do have savings - but they are in a bank account in my name in the UK. Presumably the account could be put into my husbands name also - but not sure if that would be allowable as a source of funds?