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-   -   I-864 & I-864A (https://britishexpats.com/forum/marriage-based-visas-35/i-864-i-864a-934909/)

petepete99 Sep 20th 2020 2:53 am

I-864 & I-864A
 
Quick question. We are going through all of our application documents and just wanting to clarify a few things:
  • My wife's official earnings may be below the poverty lines, but only because she owns a company with her mother and does not really 'pay' herself. Quite a common scenario, I'm sure. We need to evaluate whether her 'assets' will be sufficient enough as it's not that straightforward
  • My understanding is that I can still technically sponsor myself because I have a good-paying job that is [touch wood] not going away anytime soon. I can show W-2s etc
  • ...so do I need to fill out the I864A, effectively sponsoring myself?

Noorah101 Sep 20th 2020 6:58 am

Re: I-864 & I-864A
 
If your wife is including your US income on her I-864, then she fills out an I-864, and you fill out an I-864A as a contributing household member.

Remember that for your wife's income, only her own personal income counts, not the business income. That means the profit from the business (rather, her share of the profit, since her mom also gets part of the profit).

For example, if the business earns $60,000 a year, but there are $20,000 in business expenses, then the profit is $40,000 and that is the amount that can be counted on the I-864.... except that she shares that with mom, so she'll need a way of proving the income, the profit and her share of it.

You mentioned using assets. Yes she can include your joint assets on the I-864. Cash in the bank works best. Property value can be used if it's not your main residence. Assets need to equal 3x the amount lacking in income.

Rene

petepete99 Sep 20th 2020 6:26 pm

Re: I-864 & I-864A
 

Originally Posted by Noorah101 (Post 12912100)
If your wife is including your US income on her I-864, then she fills out an I-864, and you fill out an I-864A as a contributing household member.

Remember that for your wife's income, only her own personal income counts, not the business income. That means the profit from the business (rather, her share of the profit, since her mom also gets part of the profit).

For example, if the business earns $60,000 a year, but there are $20,000 in business expenses, then the profit is $40,000 and that is the amount that can be counted on the I-864.... except that she shares that with mom, so she'll need a way of proving the income, the profit and her share of it.

You mentioned using assets. Yes she can include your joint assets on the I-864. Cash in the bank works best. Property value can be used if it's not your main residence. Assets need to equal 3x the amount lacking in income.

Rene

Thanks. That could get a bit complicated then. I think I'll just stick to my own income. Also, we only have the house that we live in. You're saying that our primary residence does not count towards our assets?

Noorah101 Sep 20th 2020 6:34 pm

Re: I-864 & I-864A
 
Correct. Your primary residence does not count as an asset because assets have to be able to be liquidated within 1 year with no hardship to the sponsor.

Does your income alone meet the required income level?

Rene

petepete99 Sep 20th 2020 7:04 pm

Re: I-864 & I-864A
 

Originally Posted by Noorah101 (Post 12912323)
Correct. Your primary residence does not count as an asset because assets have to be able to be liquidated within 1 year with no hardship to the sponsor.

Does your income alone meet the required income level?

Rene

OK, thanks. I guess that makes sense. I'll adjust that on my I-944.

I'm salaried at approx $85k per year as evidenced in the last two W-2s, so yes.

Also, you said I should fill out I-864A, which is what I also assumed. However, after reading the I864 instructions on USCIS it says:

"If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status. He or she does not need to complete Form I-864A unless he or she has
accompanying children
"

I don't have accompanying children. Does that mean I don't need to include the I864A?

Noorah101 Sep 20th 2020 7:08 pm

Re: I-864 & I-864A
 
Ah, it seems the I-864A is not needed when it's the intending immigrant's income. Good catch.

Rene

petepete99 Sep 20th 2020 7:23 pm

Re: I-864 & I-864A
 

Originally Posted by Noorah101 (Post 12912348)
Ah, it seems the I-864A is not needed when it's the intending immigrant's income. Good catch.

Rene

One less form to fill out, then! Thanks


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