csf

Hi,

I am filing for my AOS and my wife will be sponsoring me. We are currently filling out the I-864 form, however, I have a few questions that I would appreciate some advice. Thanks.

i) The form requires that we send in the W2s for our 3 most recent tax years. As my wife has only been working for 2 months does she qualify as a sponsor? We have been married for 3 years and filing jointly, but she was a student up until now.

ii) Even though she meets the minimum wage requirement to be a sponsor, does the fact that she has only worked for 2 months mean that I need to file the I-864a as a co-sponsor? I don't think this is the case as the I-864 states that:

"If your total household income is equal to or higher than the minimum income requirement...you may NOT have a joint sponsor unless you are requested to do so."

My wife is also reluctant to ask her boss for a letter of employment. Is this a necessity or are pay slips enough?

Once again, thanks v. much for you all your advice

Chris

ian-mstm

She is your wife... she must be your sponsor.


You lose nothing by filling out the form and submitting it. When it comes time for the interview, you can submit an updated I-864 as her financial status should be more stable a year or two down the road.


A letter of employment is not necessary as long as you have a sufficiency of proof that her finances are stable and above the 125% minimum. However, 2 months worth of employment may be questioned, so tell her to suck it up and ask for the letter. It's for a good and important reason, don't you think?

Ian

meauxna

Chris,
There are some recent changes which might affect you (in a good way!). Please review the memo in this thread:
http://britishexpats.com/forum/showthread.php?t=342604

jeffreyhy

Chris,

i) That's something that the case officer will decide.

ii) You and your wife would sign an I-864A so that your income as a Household Member could be included with hers. A Joint Sponsor would prepare an I-864, and as the sponsored alien you cannot do that.

Regards, JEff

csf

Thanks Jeff. So, if I understand this correctly, it would be ok for me to add my income as part of the household income on form I-864 and for my wife and I to sign and file form I-864A in addition.

Hopefully that will resolve it!

jeffreyhy

csf,

You need to have been a Household Member for 6 months, something I should have included in my earlier post but since you wrote that you've been married for 3 years I made what may be an unwarranted assumption.

Do you meet the 6-month requirement for Household Members?

Regards, JEff

csf

Yes, we've lived together for nearly 4 years now. Although, I haven't ever been on the lease. Not sure if that is a problem or not. I have mail though that extends back over a long period of time with my name on it.

Noorah101

It's not a problem that you're name isn't on the lease.

Rene

csf

Jeff, I think this may be incorrect (not your fault as I did not mention before that I have lived with my wife for more than 6 months).

Even though I wish to include my income along with my wife's on the I-864, I do not need to file the I-864A as we have lived together for more than 6 months and I do not have any children or other spouse joining me.

Could somebody confirm if this is correct?

meauxna

Ahhh, correct or incorrect, that is the question.

I sometimes call the -A the 5 minute insurance policy. The potential problem is the opinion of the person approving the I-864.
If you complete the form and the officer insists it is required, you have it ready to hand in. If they never want it, you can shred it. The person reviewing my I-864 wasn't sure if it was required, but because I (then) thought it was, she accepted it.

jeffreyhy

csf,

You might want to review this thread:
< http://britishexpats.com/forum/showt...ghlight=I-864A >

Regards, JEff

csf

Yes, indeed. My problem is exacerbated because my wife's "unadjusted federal income" on her W2 for 2005 is only "$1,084.00" lol as she has only been employed for 4 weeks. According to the instructions on the I-864, the "unadjusted federal income" amount is used to satisfy the sponsor's requirements. For this reason, I am going to add my W2 income as part of the total household income. W have lived together for more than 6 months, there are no children joining me, so I don't think I need to file the I-864A.

However, does this mean I don't need to submit pay stubs & employer letter? Is my W2 good enough?

jeffreyhy

csf,

Let's hope that the USCIS officer processing your application agrees with you. But if he doesn't, you can always mail the I-864A in afterwards.

As to your question here, it weems to me that while your W-2 is evidence that you were employed last year it says nothing about current employment. However, see again my answer to your question (i) in my first response to your original post.

Regards, JEff

Noorah101

I would play it safe, and include your own pay stubs and employment letter, to prove that you are currently earning an amount that meets the requirements. The W-2 is from last years' earnings, and USCIS wants to see proof of current earnings.

Rene

csf

Thanks Rene. With or without the I-864A? lol