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what if the immigrant is supporting USC?

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  • what if the immigrant is supporting USC?

    I married my USC husband & filed marriage based AOS. Will it be a problem for the affidavit if currently i (the immigrant) am the sole bread earner of the household & my income is way above minumum? I think the affidavit counts for the household income? Currently he is finishing graduate school (has no income) so I am supporting him instead of the other way around... our marriage is genuine.

  • #2
    I married my USC husband & filed marriage based AOS. Will it be a problem for the affidavit if currently i (the immigrant) am the sole bread earner of the household & my income is way above minumum? I think the affidavit counts for the household income? Currently he is finishing graduate school (has no income) so I am supporting him instead of the other way around... our marriage is genuine.

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    • #3
      sponsor must be USC or green card holder.

      You will need another sponsor; you cannot be the sponsor and beneficiary at the same time. You are the beneficiary, look for a sponsor.

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      • #4
        The sponsor can be the USC's parent, siblings, long lost cousins,etc. As long as they meet the minimum income requirement.

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        • #5
          Does the co-sponsor need to furnish the 3 years' tax returns?

          I am still confused about the beneficiary cannot use her own income to qualify.Thought the beneficiary can use her own assets & income... Is there any citation of law anyone could provide?

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          • #6
            If you file joint tax return, you should be ok with just your husband as a sponsor.

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            • #7
              I'm married to a USC and I'm the only one working.

              It'll be fine!

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              • #8
                We have 2004 joint tax return filed, which showed good income (mainly from me but my husband almost met the min. requirement alone coz he had a summer internship at a big Corp). That is the only year we filed joint since we got married in 2004. My husband, the USC, won't have employment until he finds a job upon graduation later this year. Are we safe to pass affidavit? Shall we show assets in retirement & mutual funds?Or shall we definitely have a co-sponser (even just on paper)? Thank you all for your advice.

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                • #9
                  When I applied for GC based on marriage to USC, I was the only one with income, my wife is USC but at that time was a student. She was in my car insurance policy, my medical insurance policy, etc. No question related to sponsorship were asked on the interview. GC was approved right there.

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                  • #10
                    edgrapes, My husband and I are in the exact same situation - he is on my car insurance & dental plan, and the beneficiary for my 401(k) etc. I feel relieved from reading your experience. THanks.

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                    • #11
                      just because someone made an oversight does not mean it cant be corrected later, when BCIS notices it.

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                      • #12
                        The 864 instruction says to count income of the sponsor's household, which includes anyone related by birth or marriage. The immigrant is married to USC, so I gotta believe her income counts. If the sponsor is temporary not having income, but has had stable income before, and is getting a higher degree and potentially a better job, all these factors should be considered. Does anyone have the section of the law authority reference on this one?

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                        • #13
                          JohnDoe, M.S.:
                          Support is needed in case beneficiary is unable to take care of himself/herself (itself in Michael's case). If person has descent salary to support whole family, including USC, USC's ability to do so is redundant.

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