# I-864 Joint Sponsor Household Income Question...



## s34n (Jun 25, 2012)

Hi There,

We are currently filling out two I-864 forms and need a bit of advice...

*Household info*
Me (Husband) coming to the US from UK
Wife (US Citizen) petitioner, but does not meet the household income requirements.
Household size = 2

*Joint sponsor info*
We have a friend whose a US Citizen, who is also living with us, that is willing to joint sponsor and fill out another I-864 application. He is not part of the household according to the definition of what Household is, despite living with us.

*Situation*
The income for my wife and me (as far as savings, assets etc goes) is a lot less than the required income.

* Questions * 
1. The form states that the joint sponsor must provide 125% of the required household income. Which household is this talking about? The joint sponsor's household, or our Household, or both?

2. Do we (my wife and I) have to prove anything at all for our Household as far as income is concerned? Currently i'm looking for work and we are getting money from other sources that aren't included in this form.


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## Crawford (Jan 23, 2011)

So you have a friend who is living in the same house as you.

Is he a tenant? pays rent?

If I was filling out the form I would treat him as a household of one. As joint sponsor HE must prove that he has 125% of poverty level income in order to provide support for the incoming immigrant.

You and your wife must declare all income on your petition which can be taken into account for your wife's petition to support you.

How are you looking for work? You don't have a work visa - you're only the VWP as far as I understand.


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## s34n (Jun 25, 2012)

Hi There,

Thanks for the reply...

Yes our friend has a joint mortgage with my wife in the US, and that's the house i'm currently at now throughout my application.

*Question*
So does he have to prove he has to meet 125% of the minimum poverty guidelines as a 1 person household (his) or 2 person household (our)?

*Work*
I'm applying using a I-765 document, which will give me a card for authorized employment during the application process. I can't include any of this as far as this application goes though.

*Question*


> You and your wife must declare all income on your petition which can be taken into account for your wife's petition to support you.


We are a bit worried because my wife has been unemployed since late 2011 and doesn't have any provable income. It would be our sponsor supporting me during the application process as well as some savings I have. We just didnt know how much my wife needed to prove she had?


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## twostep (Apr 3, 2008)

s34n said:


> *Work*
> I'm applying using a I-765 document, which will give me a card for authorized employment during the application process. I can't include any of this as far as this application goes though.


What will you base your eligibility to file I-765 EAD on? http://www.uscis.gov/files/form/i-765instr.pdf


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## s34n (Jun 25, 2012)

twostep said:


> What will you base your eligibility to file I-765 EAD on? http://www.uscis.gov/files/form/i-765instr.pdf


Thanks for the reply...

It will be (c)(9) and i'll file the I-765 along with the I-485


Do you have any insight on the two questions above? or think there would be a problem with this?

Thanks for the help


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## twostep (Apr 3, 2008)

s34n said:


> Thanks for the reply...
> 
> It will be (c)(9) and i'll file the I-765 along with the I-485
> 
> ...


Please clarify - are you trying to go the route K1 or CR1. Thank you.


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## Crawford (Jan 23, 2011)

twostep said:


> Please clarify - are you trying to go the route K1 or CR1. Thank you.


From what I understand the OP married last April in the US and was on a visit to his wife when he decided to go for AOP. He's on the VWP I think.


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## twostep (Apr 3, 2008)

Crawford said:


> From what I understand the OP married last April in the US and was on a visit to his wife when he decided to go for AOP. He's on the VWP I think.


His posts in US and UK seem to go back and forth but no concrete answers to questions are given. I wish them the best.


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## s34n (Jun 25, 2012)

twostep said:


> Please clarify - are you trying to go the route K1 or CR1. Thank you.


Thanks for the reply, its for CR1.

The posts in the other forums were for finding out information on the other options so we knew exactly what the requirements were for each approach and to find the best to suit our needs.


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## Crawford (Jan 23, 2011)

s34n said:


> Thanks for the reply, its for CR1.
> 
> The posts in the other forums were for finding out information on the other options so we knew exactly what the requirements were for each approach and to find the best to suit our needs.


So you married in the US in April/May of this year. You returned to the UK. You then flew back out to the US a couple of weeks ago on the VWP and decided to stay and go for AOS?

Is that correct?


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## twostep (Apr 3, 2008)

Crawford said:


> So you married in the US in April/May of this year. You returned to the UK. You then flew back out to the US a couple of weeks ago on the VWP and decided to stay and go for AOS?
> 
> Is that correct?


As far as I know AOS applies to K1 and Spontaneous Marriage. CR1 means interview in the spouse's respective country and Green Card at point of entry. Maybe OP got some wires crossed - I cannot tell.


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## s34n (Jun 25, 2012)

Crawford said:


> So you married in the US in April/May of this year. You returned to the UK. You then flew back out to the US a couple of weeks ago on the VWP and decided to stay and go for AOS?
> 
> Is that correct?


Yes that's correct. I was originally visiting to discuss my wife coming to the UK, and after a lot of talking and working out what todo for the uk visa, we decided that I woul stay in the US and go for AOS.

Would they have a problem if it's not the same visit as our original marriage? We're looking at putting the application in soon and want to make sure everything is ok and correct.

Thanks


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## Crawford (Jan 23, 2011)

Visas allowing permanent residency in the US are, in the normal process, issued to people who have applied from outside of the US.

This allows for the relevant authorities to set down rules as to what is required in order to obtain a visa, and, those who do not comply with such rules, are denied visas.

People who enter the country on one type of visa (or actually in your particular case no visa at all since you used the VWP) and then attempt to go for AOS run the risk of being denied the visa (for whatever reason). If this happens you will *have no recourse to appeal* AND you will not be able to use the VWP ever again but will always have to apply for a visa for a visit to the States. 

Not a good scenario with your wife now pregnant.

I have heard of people going for AOS from the VWP when they have entered the States and 'spontaneously' married. Some have been successful, others not.

In your case you married a few months ago, returned to the States on the VWP and decided to stay. You would need to prove that you had no intent to do so.

I would advise a good immigration lawyer to take you through this process and to set out your case in the best light possible.


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