Noorah101

Hi All,

I'm trying to help a friend with her I-864. She and her hubby's AOS interview is coming up in a couple of weeks. She is the USC, he is the alien husband.

At the time of filing, she did not meet the income qualifications and successfully used a joint sponsor.

Now, 10 months later, she and her alien husband qualify on their own if they use combined income. He was a K-1 entrant and I realize he maybe not be allowed to use his income, but they want to give that a try before resorting to the joint sponsor again.

She is not employed, but earns income from other sources (not assets). He is employed and has his letter of employment and pay stubs. They have a 2004 joint tax return.

My questions are:

1. Part 4.A. - since the USC sponsor is unemployed, but the alien husband is employed, should they check box #1 and write "see attached", and then attach a list of how they each receive their incomes?

1. Part 4.C. they will fill out the line for Sponsor and spouse's combined income. It says if spouse's income is to be considered, spouse must submit I-864A. However, on the I-864A, it says if the spouse is the sponsored alien, the I-864A is not needed. I'm confused - is the I-864A needed or not?

2. On the next line under that one, it says "Income of other qualifying persons - list names, including spouse if applicable - each person must complete I-864A". So does the alien spouse's name and income go on this line? Even if he doesn't need to complete the I-864A?

I realize they may still need a joint sponsor, and they do have one lined up if necessary, but they'd really like to try on their own if possible. Any help is appreciated.

Thanks!
Rene

jeffreyhy

Rene,

Your friend and Hubby should not need to do an I-864A unless Hubby has brought a child with him who is also adjusting and needs sponsoring.

However, there is anecdotal evidence that some offices ask for an I-864A when the sponsored immigrant is a family member whose financial resources will be used. So be prepared with one as it will likely be easier to hand it over than to debate the issue should it arise.

Regards, JEff

Noorah101

Thanks JEff,

Do you know how they should fill in the Part 4 area? It's a little confusing...are they asking for the spouse's income amount separate, even though it's included in the total right above it?

Thanks,
Rene

jeffreyhy

Rene,

Part 4.A or Part 4.C?

I'm guessing C, but would like to be sure what you're asking.

Regards, JEff

Noorah101

Sorry...4.C.

It seems to ask for the combined total....then it asks for the spouse's income....then the total again.

Rene

jeffreyhy

Rene,

Looking at I-864 Part4.C, the first two lines are an either/or situation. You enter either
- your income only on the first line, or
- you enter your and Hubby's combined income on the second line.

If you enter your income only on the first line, you can enter Hubby's income only on the third line where it asks for the income of other qualifying persons.

If you enter the combined income on the second line, you do not enter Hubby's income on the third line.

Either way, the same total household income shows on the last line.

Regards, JEff

Noorah101

Ahhhh, thank you JEff, that's exactly what I needed to know!

Rene