jeffreyhy

I'm not really comfortable with this. I think that omitting information that is material to the issue, presenting as 'permanent' a job that is known to be temporary, could very well be a material misrepresentation of the facts.

Regards, JEff

ken27

Thanks. Based on the comments, I'm concerned about this too. I can meet the requirements with assets, so I'm going to omit anything about my income, to be safe.

meauxna

Does your wife have -anything- to contribute?

My situation was also unorthodox; I had no income but substantial savings I was living off of and well-sufficient assets. My (immigrant) husband receives foreign pension income, so all the income on my i-864 was coming from him. The CO commented that she was not supposed to let the immigrant sponsor themselves, so I pointed out all the assets that were in my name and explained my situation with two attachments.

As I alluded to above & MrF mentions as possiblity, I feel like I, er, persuaded, the CO to see things my way and she was happy for the leadership. You're going to be in a different situation, and you should not expect it to go exactly as you want. It may do, but understand that there is room for confusion with this form.

There is no problem in showing your income; it shows you are employable at X level. I just wouldn't use it all on its lonesome.

It's like the job for your wife.. the letter offer is not equal to a salary, but it is a very good indicator of her earning potential. I would include it as evidence or take it to the interview. It helps show that your household is earning sufficient to keep you from being a Public Charge.


It's the overall combination of your circumstances that will convince the officer on this subjective decision. Not strictly meeting the letter of the form wording.

jeffreyhy

Yes, I agree with this. These things won't assure acceptance of the I-864, but they will help put the consular officer if a more favorable frame of mind and may tip the balance if the offcer is on the border.

Regards, JEff

ken27

Thanks meauxna, this is really helpful. I'm slowly grasping the subjective aspects of this. Ok, so I'll add my wife's job contract to my checklist and put my income back in too.

My wife has about 2/3 of the assets required, so based on your point, we will mention those too. The income on her tax returns also exceed the 125% threshold, but since it's a graduate student stipend (even though it's reported in the wages, salaries and tips box on the W2), we're treating it as insufficient.

Related to this, it seemed like drawing a card out of a hat whether to to include the stipend in her current income. Right now, we put her income as it would appear on a tax return (i.e. including the stipend) and we checked the unemployed box, putting a note beside it to say she's a graduate student.

jeffreyhy

I guess I'm missing something here. The stipend is being reported as wages on the W-2 for a reason? She's earning it by doing things like teaching some undergraduate courses, or working on a research project, or doing some other such work for the university that graduate students often do? This isn't a loan or a scholarship, it's money paid in exchange for services provided back to the university.

Granted, it has the same issue that your income does - the work is temporary in nature and ends when she graduates, but at the moment she's working for the university.

I'd show it and let the case officer dis-allow it if he's inclined to, but give him an opportunity to accept it.

Regards, JEff

meauxna

The W-2 is OLD income.

Current income is income she is earning NOW.

It's not clear to me what your wife's situation is, but it's looking better every time you post.
Don't cut yourselves short.. I think you definitely missed the "subjective" part of it... if she has 2/3 of the required assets, I'd consider listing them first and foremost. This solidifies your big picture from several perspectives.

ken27

This is OT, but who knows? I think the whole area of how student stipends are treated for tax purposes is pretty grey. Her stipend is not directly in exchange for teaching or working on a research project, etc., but I guess you could say that she is doing research for the university as part of her PhD. Anyway, not relevant for the I-864, all they ask for is the number from the tax return.

Meauxna, I'm aware of the distinction. With respect to her current income, I was just mentioning her (future) W-2 to clarify that even though it is a stipend, it will appear on her 2011 tax return as wages/salaries/tips.

My USC wife is a final year graduate student in Pennsylvania. She will graduate this month and she has accepted a job as an assistant professor at a US university, which will start in August. If any more info is necessary to clarify things, let me know.

jeffreyhy

Exactly, so why are you so against treating is as such?

If you don't think she can qualify to sponsor you today, why not wait until sometime in September to apply for adjustment of status, when your wife will be in her new, full-time (we presume) job and will have sufficient current income to sponsor you? You did say that your J-1 status lasts until the end of June, 2012?

Regards, JEff

meauxna

That is a good point and a fair question.

Ken, as I was reviewing your thread again today this last line jumped out at me (referencing my earlier comments here about my own I-864).
I concluded my explanation page by noting that we "believe we meet (the I-864's) intentions in spirit and letter."

A little more spirit, a little less 'letter' may be in order.

ken27

I think I've got a good balance now, thanks to your advice!

It's purely an issue of timing. I think JEff misread somewhere that I have J-1 status till June 2012. It's actually end of July 2011. Also, I need to complete the final year of my research fellowship in Ireland, starting in August (or asap after that depending on AP), otherwise I am liable for the previous 2 years salary.

jeffreyhy

Thanks for correcting my misunderstanding. I got the June 2012 as the end of your job and income from post #7, but didn't put it together with post #1 where you said that the last year would be spent back in Ireland.

So my revised question, since you have to leave the USA for ~a year in less than 3 months, is why not start the immigrant visa process some time on the order of 10-12 months prior to when you'll be free to come to the USA to stay? It seems that would eliminate several potentially troublesome issues and you don't really need to be a PR any time sooner.

Regards, JEff

meauxna

Post #7 for an answer.. I asked the same.

jeffreyhy

And I just referenced that same post ...

Regards, JEff

meauxna

Re-reading the quote you pulled, I am glad I don't have to help figure out the 2011 income tax return.