Husband (intending immigrant) to file form i864 a

[jeffzhang8716]

Hi everyone,

 

I'm petitioning my husband for a spousal greencard and I was wondering if I could include my husband in my household income on form i864, and whether he would have to file form i864 a if I did that. My income alone isn't above the poverty threshold but our combined incomes are. I am planning to use a joint sponsor as well but thought it would make sense to include my husband's income since he is officially part of my household.

 

Any help would be greatly appreciated.

 

Thank you!

Allie

[Randy W]

I don't see any reason why you couldn't - but I don't see how it would help. You say you are "petitioning for a greencard" - Is he already in the U.S.? If not, will his income continue in the U.S.?

 

The visa officer is required by law to look BEYOND the I-864 to the totality of circumstances

[jeffzhang8716]

We are both living in China and neither of our incomes will continue in the US, though we will probably find other jobs with similar incomes as jobs tend to be higher-paying in the US. I figured that if my income wont count on form i864, I don't see why I shouldn't include my husband's income along with it.

[jeffzhang8716]

I mean similar or higher incomes

[Randy W]

There's no reason why you can't - especially if it'll go towards showing viable careers in the US for both of you l but I expect that your co-sponsor and career opportunities in the US will count for more.

[jeffzhang8716]

So would my husband then need to file form i864 a if he is the intending immigrant?

[Randy W]

So would my husband then need to file form i864 a if he is the intending immigrant?

 

 

No - you would submit it only if you feel it would help your case. Again, my feeling is that it would be most helpful to submit evidence of ongoing career potential.

 

But yes - the I-864a would be the affidavit of support that he CAN file in support of your I-864.

[newacct]

The intending immigrant's income can be counted in your household income, but only if it will continue after immigration (which usually means it must be income in the US) and he must be authorized to work in the US (i.e. assuming the income is in the US, he must be working legally for the income to count). It doesn't sound like his income can be counted.

 

And if the intending immigrant's income can be counted, the intending immigrant does not need to fill out an I-864A for the income to be counted.

 

This is all in the I-864 instructions.

[Randy W]

What most comments about I-864's seem to ignore is the fact that you are NOT simply submitting the I-864 - you are submitting EVIDENCE in support of a visa application.

 

That is why I say "Enough" is not necessarily ENOUGH.

 

If the I-864a is helpful to the visa application, yes, you can and should submit it. No, it is NOT necessary. It's YOUR call - we can't look over your shoulder.

[dnoblett]

From the instructions for the I-864A form...

 

How Can the Intending Immigrant Be Considered a Household Member?

 

Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Af davit of Support requirements:

 

1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence; or

2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.

 

https://www.uscis.gov/system/files_force/files/form/i-864ainstr.pdf

 

Normally the I-864 and I-864A require domicile in the USA, since the intending Immigrant has not yet established domicile this may be a problem, also note the part about income continuing from same source after obtaining green card status...

 

The intending immigrant I-864A tends to be in cases where the intending immigrant is already in the USA on a visa type that allows work, like a work visa, or a student visa that has some sort of work study program and applied for and holding an EAD, and SSN.

[Randy W]

From the instructions for the I-864A form...

 

How Can the Intending Immigrant Be Considered a Household Member?

 

Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Af davit of Support requirements:

 

1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence; or

2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.

 

https://www.uscis.gov/system/files_force/files/form/i-864ainstr.pdf

 

Normally the I-864 and I-864A require domicile in the USA, since the intending Immigrant has not yet established domicile this may be a problem, also note the part about income continuing from same source after obtaining green card status...

 

The intending immigrant I-864A tends to be in cases where the intending immigrant is already in the USA on a visa type that allows work, like a work visa, or a student visa that has some sort of work study program and applied for and holding an EAD, and SSN.

 

 

I'll just say that the I-864 sponsor and the I-864a household member are in EXACTLY THE SAME SITUATION with regard to domicile and continuing income. They DON'T meet the Affidavit of Support requirements, which is why they have a co-sponsor.

 

Again, they are submitting EVIDENCE in support of the visa application - it seems to me that CAREER evidence will help tremendously in showing that the intending immigrant will NOT become a public charge. THIS is what is required by the INA.

 

Advice on boards like this one rarely looks beyond the I-864 to the "totality of circumstances" regarding whether the intending immigrant may become a public charge. The Visa Officer is REQUIRED BY LAW (the INA) to do so.

Edited August 13, 2017 by Randy W (see edit history)