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Form I-864 Affidavit of Support

Form I-864 Affidavit of Support

Old Oct 14th 2002, 11:15 pm
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Question Form I-864 Affidavit of Support

My husband filed the I-130 on my behalf here in the states and I now have my interview in London ... for the I-864 form (attachment to Affidavit of Support) unnder section D (Sponsor's Annual Household Income) it gives you the option of either using your sponsors individual income or a combined income of sponsor and spouse. My question is, can I (the applicant and spouse) use my income on the form and essentially sponsor myself? It says that if the spouse's income is also to be considered then they must also submit an I-864 and I am unsure if this is allowed since I am also the applicant. Please help
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Old Oct 14th 2002, 11:19 pm
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Default Re: Form I-864 Affidavit of Support

Originally posted by swingin scot:
My husband filed the I-130 on my behalf here in the states and I now have my interview in London ... for the I-864 form (attachment to Affidavit of Support) unnder section D (Sponsor's Annual Household Income) it gives you the option of either using your sponsors individual income or a combined income of sponsor and spouse. My question is, can I (the applicant and spouse) use my income on the form and essentially sponsor myself? It says that if the spouse's income is also to be considered then they must also submit an I-864 and I am unsure if this is allowed since I am also the applicant. Please help
If you have been sharing the same household for 6 months or more, you may be able to include your income. You are welcome to search for my posts detailing the use of the sponsored alien/household member/spouse's income to essentially sponsor himself.
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Old Oct 14th 2002, 11:30 pm
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Default Re: Form I-864 Affidavit of Support

Originally posted by swingin scot:
My husband filed the I-130 on my behalf here in the states and I now have my interview in London ... for the I-864 form (attachment to Affidavit of Support) unnder section D (Sponsor's Annual Household Income) it gives you the option of either using your sponsors individual income or a combined income of sponsor and spouse. My question is, can I (the applicant and spouse) use my income on the form and essentially sponsor myself? It says that if the spouse's income is also to be considered then they must also submit an I-864 and I am unsure if this is allowed since I am also the applicant. Please help
Do remember that the I-864 is not limited to spouse cases -- it applies to all family cases such as for parents and sons/daughters and siblings. It also applies to a limited number of employment based cases.

Also, the US tax laws allow for spouses to file jointly, so sometimes both's income are combined on one return. [If one spouse is working, this saves taxes, if both spouses have income which are substantially equal, there is actually a penalty in the way of increased taxes for a couple getting married rather than just living together -- a political issue, to say the least]. So in giving the tax returns, the form wants to know if all income is being relied upon or just the sponsoring spouse.

Bottom line: generally, the foreign spouse's income when they are applying from outside the US canNOT be used. Sorry.
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Old Oct 15th 2002, 1:22 am
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Default Re: Form I-864 Affidavit of Support

No. Your income would only be counted if you lived in the US and had
been living together for 6 months or more.

swingin scot wrote:
    > My husband filed the I-130 on my behalf here in the states and I now
    > have my interview in London ... for the I-864 form (attachment to
    > Affidavit of Support) unnder section D (Sponsor's Annual Household
    > Income) it gives you the option of either using your sponsors individual
    > income or a combined income of sponsor and spouse. My question is, can
    > I (the applicant and spouse) use my income on the form and essentially
    > sponsor myself? It says that if the spouse's income is also to be
    > considered then they must also submit an I-864 and I am unsure if this
    > is allowed since I am also the applicant. Please help
    > --
    > Swingin Scot
    > Posted via http://britishexpats.com
 
Old Oct 15th 2002, 8:32 am
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Default Re: Form I-864 Affidavit of Support

Originally posted by swingin scot:
My husband filed the I-130 on my behalf here in the states and I now have my interview in London ... for the I-864 form (attachment to Affidavit of Support) unnder section D (Sponsor's Annual Household Income) it gives you the option of either using your sponsors individual income or a combined income of sponsor and spouse. My question is, can I (the applicant and spouse) use my income on the form and essentially sponsor myself? It says that if the spouse's income is also to be considered then they must also submit an I-864 and I am unsure if this is allowed since I am also the applicant. Please help
Hi:

In looking at your initial question in reading this string, I noticed that you are writing from a geopgraphical point of veiw that you are the alien spouse and you are ALREADY in the United States.

If this is true and you are UNLAWFULLY in the United States, you should STOP and reconsider your trip to London. It may be a BAD MOVE keeping you outside of the United States for some time when you can legally complete your case withIN the US.

You don't give enough facts to determine this. However, I've seen this happen several times -- usually with Japanese for some reason.
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Old Oct 15th 2002, 8:57 am
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Default Re: Form I-864 Affidavit of Support

Originally posted by Mrtravel:
No. Your income would only be counted if you lived in the US and had
been living together for 6 months or more.
MrT, I beg to politely differ. The qualifier is where the income is derived from. My husband's pension income, since it will follow him to the States, was allowed.
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Old Oct 15th 2002, 5:31 pm
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Default Re: Form I-864 Affidavit of Support

Thanks for the info ... I'm already in the US lawfully, here on a student visa for the past 7 years (and always been in good status), so I'm assuming my London trip will be ok?





Originally posted by Folinskyinla:


Hi:

In looking at your initial question in reading this string, I noticed that you are writing from a geopgraphical point of veiw that you are the alien spouse and you are ALREADY in the United States.

If this is true and you are UNLAWFULLY in the United States, you should STOP and reconsider your trip to London. It may be a BAD MOVE keeping you outside of the United States for some time when you can legally complete your case withIN the US.

You don't give enough facts to determine this. However, I've seen this happen several times -- usually with Japanese for some reason.
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Old Oct 15th 2002, 10:20 pm
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Default Re: Form I-864 Affidavit of Support

Originally posted by meauxna:

MrT, I beg to politely differ. The qualifier is where the income is derived from. My husband's pension income, since it will follow him to the States, was allowed.

Correct.
At my interview in London, they would not allow my earnings to be considered, irrespective of whether we had been living together/married for 6 months. They are fully aware that the majority of immigrants will have no job to go to and therefore what you have earned in the past is virtually irrelevant. (unless of course you have a job to go to)
The only assets they will include is anything that can be turned into liquid cash within 12 months.(and as Meaunx said
a pension, although only (I beleive) 50% of that can be taken into consideration as the law says you can only "cash in" a mximum of 50% of a personal pension)
The reason I am 100% about this is that I put my Uk earnings on the I-864 and they were rejected, however I got through with the assets on my property.
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Old Oct 16th 2002, 9:16 am
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Default Re: Form I-864 Affidavit of Support

rogerpenycate wrote:
    > Originally posted by meauxna:
    > >
    > > MrT, I beg to politely differ. The qualifier is where the income is
    > > derived from. My husband's pension income, since it will follow him to
    > > the States, was allowed.
    > Correct.
    > At my interview in London, they would not allow my earnings to be
    > considered, irrespective of whether we had been living together/married
    > for 6 months.

The 6 months would be if you were in the US living together.
 
Old Oct 16th 2002, 9:22 am
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Default Re: Form I-864 Affidavit of Support

Originally posted by rogerpenycate:



Correct.
At my interview in London, they would not allow my earnings to be considered, irrespective of whether we had been living together/married for 6 months. They are fully aware that the majority of immigrants will have no job to go to and therefore what you have earned in the past is virtually irrelevant. (unless of course you have a job to go to)
The only assets they will include is anything that can be turned into liquid cash within 12 months.(and as Meaunx said
a pension, although only (I beleive) 50% of that can be taken into consideration as the law says you can only "cash in" a mximum of 50% of a personal pension)
The reason I am 100% about this is that I put my Uk earnings on the I-864 and they were rejected, however I got through with the assets on my property.
Yo, Roger,

It's kind of a semantics thing, but I want to clarify for future users, who unlike you-n-me don't already have their visas.

My alien husband *collects* monthly pension *payments*, and these are counted as *income* not assets. The way Brits seem to use the word pension, it means the lump sum of your investment account, and my DH's situation is different in that he's already collecting from his.

So, sometimes we're talking about pension accounts (that's the 50% deal you mention), and sometimes we're talking about pension income (where you catch an old geezer like I did )
mo
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Old Oct 16th 2002, 11:52 am
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Default Re: Form I-864 Affidavit of Support

Originally posted by Mrtravel:
rogerpenycate wrote:
    > Originally posted by meauxna:
    > >
    > > MrT, I beg to politely differ. The qualifier is where the income is
    > > derived from. My husband's pension income, since it will follow him to
    > > the States, was allowed.
    > Correct.
    > At my interview in London, they would not allow my earnings to be
    > considered, irrespective of whether we had been living together/married
    > for 6 months.

The 6 months would be if you were in the US living together.
Again, not for us. We lived for 6 months together outside of the US and the alien spouse's income was counted.
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Old Oct 16th 2002, 5:28 pm
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Default Re: Form I-864 Affidavit of Support

I already live and work in the US and will be continuing with my current job after my interview in London ... so do you think they will allow me to include my income?


Originally posted by rogerpenycate:



Correct.
At my interview in London, they would not allow my earnings to be considered, irrespective of whether we had been living together/married for 6 months. They are fully aware that the majority of immigrants will have no job to go to and therefore what you have earned in the past is virtually irrelevant. (unless of course you have a job to go to)
The only assets they will include is anything that can be turned into liquid cash within 12 months.(and as Meaunx said
a pension, although only (I beleive) 50% of that can be taken into consideration as the law says you can only "cash in" a mximum of 50% of a personal pension)
The reason I am 100% about this is that I put my Uk earnings on the I-864 and they were rejected, however I got through with the assets on my property.
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