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I-864 Affidavit Support Question

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  • I-864 Affidavit Support Question

    We are about to file for the AOS, there is one thing we could not find about. The supporting spouses income is above the 125 % poverty guideline in the 3 recent tax year, but the spouse (this year) is unemployed and right now the supporting spouse's unemployment benefits are about to expire.
    Do we need to get a joint sponsor? The spouse relative (parent) would do that, but we don't know if it is necessary.
    If we file , are we going to be asked for additional financial information before the interview, and if yes how long will it delay the whole process.
    Or if it is going to be a denial if we file like this.

  • #2
    We are about to file for the AOS, there is one thing we could not find about. The supporting spouses income is above the 125 % poverty guideline in the 3 recent tax year, but the spouse (this year) is unemployed and right now the supporting spouse's unemployment benefits are about to expire.
    Do we need to get a joint sponsor? The spouse relative (parent) would do that, but we don't know if it is necessary.
    If we file , are we going to be asked for additional financial information before the interview, and if yes how long will it delay the whole process.
    Or if it is going to be a denial if we file like this.

    Comment


    • #3
      New USCIS/DOS regulations require that only the most recent taxes be submitted with the I-864. The officer is supposed to adjudicate based on the most recent taxes/W2s and nothing more. I've seen cases where unemployment payments were accepted as income, but I'd check with an attorney to see what officers in your district will/won't accept, especially if the benefits will have run out at the time of filing or the interview. They might not ask for more financial information before the interview, but they could very well deny the whole thing if the I-864 isn't good enough.

      Comment


      • #4
        Why not get the relative to complete an I-864 and take supporting tax documentation, just in case? Present it if asked for it. I would think that common sense is that current employment would be as important as last year's tax document so they might ask for co-sponsor.

        Comment

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