I-864 Frequently Asked Questions

Question:

I hope you are well? Just getting my head around the US green card. My wife is American, but we live in Australia. WE have UK houses which we own which brings us in around 26,000 USD a year, and own them and are worth around 600,000 USD

For example Green card, fill in the i-130 and i130a forms.. The only part i was not sure about what the support part with my wife, and if she needed to be in America, or if we could have used or UK assets

Answer:

That’s a really great question and you can use assets such as a rental home. You will just need to include proof of ownership (title deed), when it was purchased and the exact location. USCIS will then want to see that the property can be sold within 12 months for cash. This usually isn’t a problem unless the home is located in an area where houses are slow to sell. If this is the case you should include a statement from a real estate agent saying that the home would sell within 12 months.

Finally you need to show that the cash gained from selling the property can be transferred to the US. Many countries have restrictions on movement of cash but I don’t think that is a problem in the UK so you should be fine here.

I would recommend contacting the US consulate by phone or email to confirm that they accept foreign property to guarantee for the affidavit of support requirement.Ultimately, it depends on the consular officer whether they will accept it.

Another issue I see here is that she will need to prove domicile in the US and it may be difficult if she no longer has ties back home.Below is a post I wrote about this exact situation that may help you.

https://mypathtocitizenship.com/how-prove-domicile-us-when-living-abroad

Unfortunately, maintaining a US passport won’t prove she is domiciled in the US. As far as the property, you don’t need to sell it but it show be easily liquidated and the proceeds available to the US citizen in the event that you receive any public assistance. It’s extremely rare that the US government will use based on the I864 affidavit but it can happen.


QUESTION:

Using beneficiary’s income on the affidavit of support, do we also need a joint sponsor?

First off, Thank you very much for articles. They are very helpful.

I am filling the I-864 form to sponsor my husband (we got married in June 2017). I am currently in graduate school, not earning any income. In 2016 I worked and pursued my graduate degree at the same time. I filled my tax return but earned below the poverty limit.

My husband just graduated and started a full-time job on July 10th 2017. He is on a POST Completion OPT EAD. His annual income is $65,000, plus a $3000 bonus. He also worked at his school and made $3,936 in 2017. Which give him a total income of $32,011 for 2017 (current job + school job).

Will his income be enough for the current household income?

Also, I read that in order for USCIS to accept his income we need to have been living together for at least 6 months, or filled or taxes jointly in 2016, which is not the case. Will USCIS be able to accept his income as our household income? Or do we need to add a sponsor?

ANSWER:

You can use your husband’s income but he would have to reside with you for at least 6 months to include it as household income. But, if he has assets, you can use that and he doesn’t need to live with you.To be safe I would also get a joint sponsor if you don’t have enough assets to cover the shortfall in income.


QUESTION:
How do I calculate household size on the form I-864?

I’m hoping you can help clear this up for me. My husband and I have been married almost 15 years, we have 5 young children and we are in the process of trying to process the I-485. My question is regarding the affidavit of support different attorneys tell me different things. Who is considered part of the household if I am required to support my spouse only who do we count should this include the children when calculating the sponsored household members.

For example there are 7 of us I’ve been told I just need to calculate the sponsor and beneficiary but some people say I have to count the whole household.
The latter doesn’t make sense to me due to the fact that you the cosponsor would have to add all household members as well. Can you please help me understand do I just put the 2 of us or all of us?

ANSWER:


Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring. So, in your case it would be 7.

I’m surprised that the attorney’s you spoke to weren’t aware of this, kind of scary.

You can read more about the household size and income requirements here https://www.uscis.gov/greencard/affidavit-support


QUESTION:

Hi, I do meet the required 125% income but in my RFE it says I don’t. I sent 3 years worth of pay-stubs but also at the end it says I left the household size blank. Do you think this is why they say I don’t meet the requirement?

ANSWER:

Yes, the income requirement is based on the household size. You will need to provide this information or they can’t make a determination on whether you make enough money.

Submit a letter explaining how many people live with you that are dependent on your income. Then submit copies of the last 3 years tax transcripts.


QUESTION:

One question: I’ve been married with my born-in-USA wife for 13 years, and I’ve been living in the US for 6 years under a L1-A VISA.
We’re about to fill jointly I-130+I-485 for my green card.

How do I do for the I-864, since I’m the only source of revenue of our household? We’ve been filing taxes together but I’m not sure the I-864A is the right solution

ANSWER:

Your wife will still need to fill out the I-864 as the primary sponsor even if she has no income. She can put down “unemployed” or “homemaker” as her occupation. Since you live with her in the US you can use your own income on the same I-864 that she will fill out. There is a section that asks for beneficiary income and assets and that’s where you would put down your employment information and income.

I recently created a step-by-step tutorial on how to fill out the I-864. https://mypathtocitizenship.com/fill-form-864-affidavit-support/