can I file I-864A?

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Old Oct 18th 2005, 8:02 pm
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Default can I file I-864A?

Hi Everybody,
I was an international student and have been married to USC for 7
months. We haven't filed the paperwork yet. The reason is his income
not qualified to support me (around $13K). I wonder if I can file the
form I-864A with using my income and he will file I-864 together to be
qualified. (I worked since last year)
Thank You very much
 
Old Oct 18th 2005, 8:18 pm
  #2  
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Default Re: can I file I-864A?

Originally Posted by [email protected]
Hi Everybody,
I was an international student and have been married to USC for 7
months. We haven't filed the paperwork yet. The reason is his income
not qualified to support me (around $13K). I wonder if I can file the
form I-864A with using my income and he will file I-864 together to be
qualified. (I worked since last year)
Thank You very much
I was told by an attorney that my income could be taken into account if we had lived together for over 6 months. We didn't need to do that as my wife earns enough on her own so I haven't looked into that any further. Perhaps someone else would have a more definite answer.
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Old Oct 18th 2005, 9:16 pm
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Default Re: can I file I-864A?

Originally Posted by [email protected]
Hi Everybody,
I was an international student and have been married to USC for 7
months. We haven't filed the paperwork yet. The reason is his income
not qualified to support me (around $13K). I wonder if I can file the
form I-864A with using my income and he will file I-864 together to be
qualified. (I worked since last year)
Thank You very much
The instructions are pretty clear on the form-- yes, your income can be included with your spouse's if you have lived in the same household for 6+ months.
While the I-864A should not be required to accomplish this, it never hurts to include one in case your officer sees things differently.

Complete the form from the US citizen perspective, and lump your income with his on the appropriate line.
Tax returns and W-2s will sort things out at the interview.
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