tcylinder

In light of receiving our early and unexpected AOS appointment for July, I am confronted with a difficult scenario.
I believe I am to be laid off in the next few weeks before our interview and am not sure how to handle the EAD form in this case. I have several questions/scenarios and will list them by number so that you may reply to any of the numbers/scenarios you may have information about.

1-I've filed taxes individually for the past 10 years, the most recent time was a joint filing as I was newly married. My returns show that I've always been well above the poverty guidelines for our household size but I just may happen to get laid off a month or two before our appointment. If I do get laid off, I will be eligible for unemployment which would put me over the poverty guidelines. Can I use unemployment compensation as income alone or will I need additional help from another source or sponsor?

2- My wife has been working for the Past year at the same place she started working at a month after she arrived in the US on her k1. (yes, she was working without EAD for two months in between her initial 90 day EAD expiring and getting her 1-year EAD but the employer was oblivious.)
From the money she made last year, she is short about 2-3K of the poverty line for our household size but I believe we have 5 times the difference in our savings account. If I am unemployed by the time the interview comes, can my wife use her own income and our savings and be a "joint sponsor" for herself?

3- I believe I could get a family member to be a joint sponsor. With regards to poverty guidelines, does the joint sponsor add their household size to my wife and I's househould size to determine the figure? Example: the joint sponsor's household size is 2 and my household size, including me is 2. So would my joint sponsor need to be above the guidlines for a 4 person household or a 2 person household.

Administrative questions about the application

A-They say the application must be notorized OR signed in front of the Immigration officer. Does this mean we can sign the forms at the AOS interview in front of the Immigration Officer or is it better to get it Notorized beforehand?

B-What the heck is the difference between the I-864, I-864A and I-864B?

C-It seems like you don't need to submit as much evidence for the I-864 as you do with the I-130. I remember having to submit a letter from my bank and bank statements , a letter from my employer and paystubbs. Or is the evidence basically the same for both forms and I'm just imagining this?

Thank you,

John

Rete

John

I'm confused. Your wife is the foreign spouse in your marriage and you are asking questions about "your" EAD application. Are you a foreigner as well, i.e. permanent resident? Or are you asking about the affidavit of support (I-864)?

If about the I-864, NYC District Office was accepting of our I-864 which included my foreign husband's income as well as mine at the time of our AOS interview. Grant you his income is only 1/3 of what mine is and I clearly surpassed the poverty guidelines requirement but he wanted his income to be on record as well.

Illegal work is "forgiven" by the USCIS when the foreign spouse is adjusting status based on marriage to a US Citizen. So that should not be an issue.

I have read of others that have used their unemployment benefits through the financial requirement on the I-864. As for the completion of the form some people have included both incomes on the I-864 alone and others on the I-864 and I-864A. You did not need a bank letter and other information for the I-134. The I-134 is an either or form although people like to include everything regardless. The I-864 does state to include those items, however, if my memory serves me correctly. Why not look at www.visajourney.com (which house the FAQ as well) and take a look at their completed sample forms.

I would have it notarized and not wait for the day of the interview. But that is me. I would also be sure to complete the form showing your assets which make up the difference (5 times) to be on the safe side. A 401K would be perfect for this, as would a house appraisal, savings account, etc. Also you might want to have a co-sponsor waiting in the wings (or your briefcase) on the off chance you meet with an examiner would won't accept your wife's income and your unemployment benefits.

Always better to be safe.

Rete

jeffreyhy

John,

Your joint sponsor needs to fill in lines 1-4 in Part 4.B. and add the numbers up on line 5 to determine his "household size". Read what is asked for on each line and the answer to your question will become obvious. (If he does this correctly, it should be clear that you do not figure into his "household size" at all.)

Where do you see anything about an I-864B?

Regards, JEff

tcylinder

Wow, my brain must have been pretty frizzle-fried when I wrote the original post. I meant to write affidavit of support not EAD. I am an American citizen.

I have a joint sponsor who meets the poverty guidlines if I do get laid off before the interview but was hoping to avoid using one. But I do agree with you that it is a good idea to have the joint sponsor form just in case.

Can you elaborate on the difference between the I-864 and I-864A?

Thanks

Folinskyinla

Hi:

It depends upon the individual DAO. But if you JUST left your job and you are looking for a new job -- many DAO's will let that go by. Also, if you are getting unemployment benefits, that IS income for I-864 purposes.

A few weeks back I had an immediate relative case in SAA for the parents of a US citizen. The petitioning couple had had more than adequate income as per the 2000, 2001 and 2002 returns. However, they opened their own business in 2003 and that return was NOT adequate. We got the other son to be a joint sponsor -- but the DAO refused to take the 2003 return since the I-864 as FILED was sufficient and said he didn't need the joint sponsor.

I grabbed while the going was good and got out of there with the stamp in the passports. I told the client that the DAO did us a favor and that, heaven forbid, something happened to the petitioning daughter and her husband, the parents would be entitled to Medi-Cal and SSI.

tcylinder

Many thanks for the reply.

Lo and behold I just got laid off as expected. My last day will be May 28th and our interview is on July 7. According to what you are saying, I should (depending on the DAO) be fine as my taxes for the past three years show returns well beyond poverty levels. Hopefully on July 7 the DAO will see that I was just recently laid off, searching for new work and that I am collecting unemployment ( unless i somehow get a new job before then). I have a relative who is willing to be my joint sponsor so I will bring that documentation as backup.

One additional question I have is if my foriegn wife, whom I am sponsoring, can use her income as well as our savings account as additional evidence that she won't become a public charge. The reason I ask is in case I get a DAO who, in spite of my taxes showing me above poverty levels, decides to make a case that I'm unemployed. I'm not sure about this as using her income would mean that she is "sponsoring herself" right? If she can use her income as additional evidence in light of my unemployed status, does she fill out the I-864 or I-864A?

Thanks again,

John

tcylinder

bmp

tcylinder

self bmp, sorry still need info on this blasted I-864 and my unemployment situation.

meauxna

John, what's the question? I guess I thought I'd answered before, but I didn't because Rete's answer is what I would've written.
In my own experience (this was with Consular Processing; YMMV) I had 2 returns with high income, one with high income plus 3 months of Unemployment Income and was unemployed at the time of the interview. My alien spouse and I had lived together for 6+ months and so his income was counted as "our" income.

Test #1: Have you and your wife lived together 6+ months (or will have at the time of interview)?

Do you have any assets that can be shown on your "joint" I-864? (it is your I-864, but if you 2 have lived together +6 months, her income and yours are combined as household income on the I-864). Assets can help show that you have financial means, stability etc.

I was questioned at the interview about my income history and current work situation and asked about my work plans upon return to the US. Specifically, I was asked if I had job offers (this was 9-02 before the economy was sooooo sucky) and I did, and I explained the nature of my work. This combination (my history/work probability + spouse's ongoing pension income + combined assets) was sufficient.

BTW, if you are collecting max unemployment, that income is sufficient for a family of 2, IIRC.

If you're still wondering about the I-864A should you use your wife's income: the jury is out. Technically it is not needed but it is sometimes asked for. As it is a short form, I don't see why someone would not have it ready to hand over if requested.

tcylinder

Hi and thank you so much for your reply.

Yes, my alien wife and I have lived together for over a year now. So it looks like, from what you have shared, that we must use our combined household income on the I-864 which will bring us well over poverty levels. God-willing, she will still be working in 2 months when we have our interview and the worst that will happen is that I'll have to explain that I'm collecting max unemployment and looking for work. My tax returns for the past three years are well above poverty level for a 2 person household.

My fear was how much they weigh their decisions on current employment vs tax returns but it seems like we should be OK.

Now my only decision is whether or not to bother a family member for to be a joint sponsor just in case I get an Immigration Officer who woke up on the wrong side of the bed the day of our interview.

Your reply was helpful and I appreciate it.

Thank you,

John

meauxna

Thanks John. The rules really are on your side (re the joint sponsor thing) but I was fearful as you are and had my paperwork there for a joint sponsor too. But I know more now, 2 years later.

I suppose the worst thing that would happen is that at the interview they would tell you a Joint sponsor was required and ask you to get and submit one, delaying adjucation. Might want to weigh that -v- the pain of asking family

Again, see how you can show the best picture of your *total* financial life and use a little salesmanship