I-864 Affidavit of support - NEED ADVICE on work authorization options
Dec 18th 2001, 10:54 am
#1
Guest
Posts: n/a
My husband has a disability and is on a fixed income. I'm his dependent and he is
not eligible for financially sponsoring me I-864(under $10,000/year - under poverty
income guideline). We don't have any other investments or assets besides our
monthly fixed income. The only relatives who would have helped us are my husband's
parents (they were both very lovely people) who unfortunately both passed away a
few years ago and we don't have anybody else to sponsor (I also asked some churches
and had no luck).
1. Is it possible that I-864 can be WAIVED due to my husband's disability and me
being his dependent? Otherwise, I feel it would be discrimination, since he has a
disability.
2. Since, I apply for adjustment of residence (I-485) and at this time I cannot
submit I-864 affidavit of support. Is there a way that I can get at least my work
authorization (without I-864), so that I can go work and earn money for us? Is
there any way that I can get the work permit I-765 in advance(ASAP) and find an
affidavit of support possibly in the future?
Financially, we cannot afford to wait until I find a affidavit of support (maybe in a
few months or so) in order to get my work authorization I-765 and to be able to work.
I would greatly appreciate any advice. Thanks.
not eligible for financially sponsoring me I-864(under $10,000/year - under poverty
income guideline). We don't have any other investments or assets besides our
monthly fixed income. The only relatives who would have helped us are my husband's
parents (they were both very lovely people) who unfortunately both passed away a
few years ago and we don't have anybody else to sponsor (I also asked some churches
and had no luck).
1. Is it possible that I-864 can be WAIVED due to my husband's disability and me
being his dependent? Otherwise, I feel it would be discrimination, since he has a
disability.
2. Since, I apply for adjustment of residence (I-485) and at this time I cannot
submit I-864 affidavit of support. Is there a way that I can get at least my work
authorization (without I-864), so that I can go work and earn money for us? Is
there any way that I can get the work permit I-765 in advance(ASAP) and find an
affidavit of support possibly in the future?
Financially, we cannot afford to wait until I find a affidavit of support (maybe in a
few months or so) in order to get my work authorization I-765 and to be able to work.
I would greatly appreciate any advice. Thanks.
Dec 19th 2001, 6:01 pm
#2
Guest
Posts: n/a
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No, not due to his disability. The law only states the amount of money that you need
to make, so if his total income is below the poverty line, you will need a sponsor.
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No, you are going to need a co-sponsor or assets. I believe the minimum requirments
for a 2 person houshold is an income of $14.000 (14something anyways). If you want to
use assets, you will need to own 5 times the amount you are missing. So if your
husband makes $10.000 a month, and you have 5 times $ 4000 or $20.000 in savings, or
investments plans, you should be able to use that as assets. Also, if your husband
owns a house, it CAN count as assets. Now if you have NO money, NO house, NO
investment plan, and NOT enough income you WILL NEED a co-sponsor.
There must be someone in your area that is willing. This person does not have to be
related, but can be anyone you trust, and anyone that is willling to send in the last
3 years of tax returns.
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>
Well, if you really can't find someone.... I have heard of people taking out a
$25.000 loan in their home country, giving it to the sponsor (any money MUST be in
your husbands name, since he is the primary sposor), file the paper work and show
"look I have $25.000 on the bank and I make a little money", and then pay the entire
loan back after a year. But that is essentially cheating the system, and I think its
always wiser to take it the legal and honest way.
Further, if you can find work already, and the company is willing to sponsor you, you
can also get a work permit. However, for a U.S. company to hire you, they will have
to prove that they couldn't fill the position with a local person. For high qualified
jobs usually no problem because not everyone around has high qualifications, but NOT
for lowere qualified jobs.
I think the quickest way is to consult a few friends and ask them to co-sponsor.
Maarten
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No, not due to his disability. The law only states the amount of money that you need
to make, so if his total income is below the poverty line, you will need a sponsor.
>
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>
>
>
No, you are going to need a co-sponsor or assets. I believe the minimum requirments
for a 2 person houshold is an income of $14.000 (14something anyways). If you want to
use assets, you will need to own 5 times the amount you are missing. So if your
husband makes $10.000 a month, and you have 5 times $ 4000 or $20.000 in savings, or
investments plans, you should be able to use that as assets. Also, if your husband
owns a house, it CAN count as assets. Now if you have NO money, NO house, NO
investment plan, and NOT enough income you WILL NEED a co-sponsor.
There must be someone in your area that is willing. This person does not have to be
related, but can be anyone you trust, and anyone that is willling to send in the last
3 years of tax returns.
>
>
>
Well, if you really can't find someone.... I have heard of people taking out a
$25.000 loan in their home country, giving it to the sponsor (any money MUST be in
your husbands name, since he is the primary sposor), file the paper work and show
"look I have $25.000 on the bank and I make a little money", and then pay the entire
loan back after a year. But that is essentially cheating the system, and I think its
always wiser to take it the legal and honest way.
Further, if you can find work already, and the company is willing to sponsor you, you
can also get a work permit. However, for a U.S. company to hire you, they will have
to prove that they couldn't fill the position with a local person. For high qualified
jobs usually no problem because not everyone around has high qualifications, but NOT
for lowere qualified jobs.
I think the quickest way is to consult a few friends and ask them to co-sponsor.
Maarten
Dec 26th 2001, 1:32 pm
#3
Guest
Posts: n/a
Hi Maarten, Thanks a lot for your reply. I don't have any friends or anybody who
could help. We've asked churches, charities. There is nobody what is willing to sign
or help for the affidavit of support I-864. What am I supposed to do now? Any idea?
Please let me know soon. Thanks.
"Maarten W.G. Andriessen" <[email protected].>
[usenetquote2]> > 1. Is it possible that I-864 can be WAIVED due to my husband's disability and me[/usenetquote2]
[usenetquote2]> > being his dependent? Otherwise, I feel it would be discrimination, since he[/usenetquote2]
[usenetquote2]> > has a disability.[/usenetquote2]
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[usenetquote2]> > 2. Since, I apply for adjustment of residence (I-485) and at this time I cannot[/usenetquote2]
[usenetquote2]> > submit I-864 affidavit of support. Is there a way that I can get at least my[/usenetquote2]
[usenetquote2]> > work authorization (without I-864), so that I can go work and earn money for[/usenetquote2]
[usenetquote2]> > us? Is there any way that I can get the work permit I-765 in advance(ASAP) and[/usenetquote2]
[usenetquote2]> > find an affidavit of support possibly in the future?[/usenetquote2]
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[usenetquote2]> > Financially, we cannot afford to wait until I find a affidavit of support (maybe[/usenetquote2]
[usenetquote2]> > in a few months or so) in order to get my work authorization I-765 and to be able[/usenetquote2]
[usenetquote2]> > to work.[/usenetquote2]
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could help. We've asked churches, charities. There is nobody what is willing to sign
or help for the affidavit of support I-864. What am I supposed to do now? Any idea?
Please let me know soon. Thanks.
"Maarten W.G. Andriessen" <[email protected].>
[usenetquote2]> > 1. Is it possible that I-864 can be WAIVED due to my husband's disability and me[/usenetquote2]
[usenetquote2]> > being his dependent? Otherwise, I feel it would be discrimination, since he[/usenetquote2]
[usenetquote2]> > has a disability.[/usenetquote2]
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[usenetquote2]> > 2. Since, I apply for adjustment of residence (I-485) and at this time I cannot[/usenetquote2]
[usenetquote2]> > submit I-864 affidavit of support. Is there a way that I can get at least my[/usenetquote2]
[usenetquote2]> > work authorization (without I-864), so that I can go work and earn money for[/usenetquote2]
[usenetquote2]> > us? Is there any way that I can get the work permit I-765 in advance(ASAP) and[/usenetquote2]
[usenetquote2]> > find an affidavit of support possibly in the future?[/usenetquote2]
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[usenetquote2]> > Financially, we cannot afford to wait until I find a affidavit of support (maybe[/usenetquote2]
[usenetquote2]> > in a few months or so) in order to get my work authorization I-765 and to be able[/usenetquote2]
[usenetquote2]> > to work.[/usenetquote2]
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Dec 28th 2001, 7:35 am
#4
Guest
Posts: n/a
Another suggestion, Orela: ask one of these charitable organizations, or any
prospective employer, to write a letter which offers you a job with a salary of at
least $14,000 per year. You don't have to be working in the job, just have the
*offer,* contingent upon your obtaining employment authorization.
Then simply file the I-485, with your husband's I-864, and Form I-864A signed by
you, with the job offer letter attached, as soon as you have lived with your husband
for 6 months.
At the time of filing, all you need is enough documentation to get the I-485 accepted
for processing by INS.
At the interview, INS will be much pickier. But by that time, presumably, you can
have a record of working at a pretty good job for awhile. At the interview, your
husband will file another, updated I-864, and you will file an updated I-864A. You
don't necessarily have to take the job mentioned in the job offer letter.
Orela wrote:
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[usenetquote2]>>>1. Is it possible that I-864 can be WAIVED due to my husband's disability and me[/usenetquote2]
[usenetquote2]>>> being his dependent? Otherwise, I feel it would be discrimination, since he has[/usenetquote2]
[usenetquote2]>>> a disability.[/usenetquote2]
[usenetquote2]>>No, not due to his disability. The law only states the amount of money that you[/usenetquote2]
[usenetquote2]>>need to make, so if his total income is below the poverty line, you will need a[/usenetquote2]
[usenetquote2]>>sponsor.[/usenetquote2]
[usenetquote2]>>>2. Since, I apply for adjustment of residence (I-485) and at this time I cannot[/usenetquote2]
[usenetquote2]>>> submit I-864 affidavit of support. Is there a way that I can get at least my[/usenetquote2]
[usenetquote2]>>> work authorization (without I-864), so that I can go work and earn money for[/usenetquote2]
[usenetquote2]>>> us? Is there any way that I can get the work permit I-765 in advance(ASAP) and[/usenetquote2]
[usenetquote2]>>> find an affidavit of support possibly in the future?[/usenetquote2]
[usenetquote2]>>No, you are going to need a co-sponsor or assets. I believe the minimum requirments[/usenetquote2]
[usenetquote2]>>for a 2 person houshold is an income of $14.000 (14something anyways). If you want[/usenetquote2]
[usenetquote2]>>to use assets, you will need to own 5 times the amount you are missing. So if your[/usenetquote2]
[usenetquote2]>>husband makes $10.000 a month, and you have 5 times $ 4000 or $20.000 in savings,[/usenetquote2]
[usenetquote2]>>or investments plans, you should be able to use that as assets. Also, if your[/usenetquote2]
[usenetquote2]>>husband owns a house, it CAN count as assets. Now if you have NO money, NO house,[/usenetquote2]
[usenetquote2]>>NO investment plan, and NOT enough income you WILL NEED a co-sponsor.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>There must be someone in your area that is willing. This person does not have to be[/usenetquote2]
[usenetquote2]>>related, but can be anyone you trust, and anyone that is willling to send in the[/usenetquote2]
[usenetquote2]>>last 3 years of tax returns.[/usenetquote2]
[usenetquote2]>>>Financially, we cannot afford to wait until I find a affidavit of support (maybe[/usenetquote2]
[usenetquote2]>>>in a few months or so) in order to get my work authorization I-765 and to be able[/usenetquote2]
[usenetquote2]>>>to work.[/usenetquote2]
[usenetquote2]>>Well, if you really can't find someone.... I have heard of people taking out a[/usenetquote2]
[usenetquote2]>>$25.000 loan in their home country, giving it to the sponsor (any money MUST be in[/usenetquote2]
[usenetquote2]>>your husbands name, since he is the primary sposor), file the paper work and show[/usenetquote2]
[usenetquote2]>>"look I have $25.000 on the bank and I make a little money", and then pay the[/usenetquote2]
[usenetquote2]>>entire loan back after a year. But that is essentially cheating the system, and I[/usenetquote2]
[usenetquote2]>>think its always wiser to take it the legal and honest way.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Further, if you can find work already, and the company is willing to sponsor you,[/usenetquote2]
[usenetquote2]>>you can also get a work permit. However, for a U.S. company to hire you, they will[/usenetquote2]
[usenetquote2]>>have to prove that they couldn't fill the position with a local person. For high[/usenetquote2]
[usenetquote2]>>qualified jobs usually no problem because not[/usenetquote2]
[usenetquote2]>>everyone around has high qualifications, but NOT for lowere qualified jobs.[/usenetquote2]
[usenetquote2]>>I think the quickest way is to consult a few friends and ask them to co-sponsor.[/usenetquote2]
If you can get the INS to accept the I-485, and the I-765, and you get an employment
authorization document as a result of the approval of the I-765, you will have work
authorization for any job position, not just a position for which there has been a
labor market test.
prospective employer, to write a letter which offers you a job with a salary of at
least $14,000 per year. You don't have to be working in the job, just have the
*offer,* contingent upon your obtaining employment authorization.
Then simply file the I-485, with your husband's I-864, and Form I-864A signed by
you, with the job offer letter attached, as soon as you have lived with your husband
for 6 months.
At the time of filing, all you need is enough documentation to get the I-485 accepted
for processing by INS.
At the interview, INS will be much pickier. But by that time, presumably, you can
have a record of working at a pretty good job for awhile. At the interview, your
husband will file another, updated I-864, and you will file an updated I-864A. You
don't necessarily have to take the job mentioned in the job offer letter.
Orela wrote:
>
>
>
>
>
>
[usenetquote2]>>>1. Is it possible that I-864 can be WAIVED due to my husband's disability and me[/usenetquote2]
[usenetquote2]>>> being his dependent? Otherwise, I feel it would be discrimination, since he has[/usenetquote2]
[usenetquote2]>>> a disability.[/usenetquote2]
[usenetquote2]>>No, not due to his disability. The law only states the amount of money that you[/usenetquote2]
[usenetquote2]>>need to make, so if his total income is below the poverty line, you will need a[/usenetquote2]
[usenetquote2]>>sponsor.[/usenetquote2]
[usenetquote2]>>>2. Since, I apply for adjustment of residence (I-485) and at this time I cannot[/usenetquote2]
[usenetquote2]>>> submit I-864 affidavit of support. Is there a way that I can get at least my[/usenetquote2]
[usenetquote2]>>> work authorization (without I-864), so that I can go work and earn money for[/usenetquote2]
[usenetquote2]>>> us? Is there any way that I can get the work permit I-765 in advance(ASAP) and[/usenetquote2]
[usenetquote2]>>> find an affidavit of support possibly in the future?[/usenetquote2]
[usenetquote2]>>No, you are going to need a co-sponsor or assets. I believe the minimum requirments[/usenetquote2]
[usenetquote2]>>for a 2 person houshold is an income of $14.000 (14something anyways). If you want[/usenetquote2]
[usenetquote2]>>to use assets, you will need to own 5 times the amount you are missing. So if your[/usenetquote2]
[usenetquote2]>>husband makes $10.000 a month, and you have 5 times $ 4000 or $20.000 in savings,[/usenetquote2]
[usenetquote2]>>or investments plans, you should be able to use that as assets. Also, if your[/usenetquote2]
[usenetquote2]>>husband owns a house, it CAN count as assets. Now if you have NO money, NO house,[/usenetquote2]
[usenetquote2]>>NO investment plan, and NOT enough income you WILL NEED a co-sponsor.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>There must be someone in your area that is willing. This person does not have to be[/usenetquote2]
[usenetquote2]>>related, but can be anyone you trust, and anyone that is willling to send in the[/usenetquote2]
[usenetquote2]>>last 3 years of tax returns.[/usenetquote2]
[usenetquote2]>>>Financially, we cannot afford to wait until I find a affidavit of support (maybe[/usenetquote2]
[usenetquote2]>>>in a few months or so) in order to get my work authorization I-765 and to be able[/usenetquote2]
[usenetquote2]>>>to work.[/usenetquote2]
[usenetquote2]>>Well, if you really can't find someone.... I have heard of people taking out a[/usenetquote2]
[usenetquote2]>>$25.000 loan in their home country, giving it to the sponsor (any money MUST be in[/usenetquote2]
[usenetquote2]>>your husbands name, since he is the primary sposor), file the paper work and show[/usenetquote2]
[usenetquote2]>>"look I have $25.000 on the bank and I make a little money", and then pay the[/usenetquote2]
[usenetquote2]>>entire loan back after a year. But that is essentially cheating the system, and I[/usenetquote2]
[usenetquote2]>>think its always wiser to take it the legal and honest way.[/usenetquote2]
[usenetquote2]>>[/usenetquote2]
[usenetquote2]>>Further, if you can find work already, and the company is willing to sponsor you,[/usenetquote2]
[usenetquote2]>>you can also get a work permit. However, for a U.S. company to hire you, they will[/usenetquote2]
[usenetquote2]>>have to prove that they couldn't fill the position with a local person. For high[/usenetquote2]
[usenetquote2]>>qualified jobs usually no problem because not[/usenetquote2]
[usenetquote2]>>everyone around has high qualifications, but NOT for lowere qualified jobs.[/usenetquote2]
[usenetquote2]>>I think the quickest way is to consult a few friends and ask them to co-sponsor.[/usenetquote2]
If you can get the INS to accept the I-485, and the I-765, and you get an employment
authorization document as a result of the approval of the I-765, you will have work
authorization for any job position, not just a position for which there has been a
labor market test.
