Do I have to send i864 w/i485

[Samsun123]

I have a quick question, wondering if someone can answer.

If I am filing for i485(on its own) for myself, do I also have to fill and sent i864. I have EAD and been working for the past 5-6 years. Do I have to send any docs to prove that I can support myself with the job I already have.

[newacct]

Based on your previous posts, you are filing I-485 based on an I-130 family-based petition. In that case, you will need an I-864 completed by the petitioner as part of your I-485. Your income can be counted in the sponsor's household income if their individual income is not sufficient.

[Enub4]

Lately, I have read several posts from people that received denials because they didn't send I-864 with their I-485.

If your case requires form I-864, then please submit it with your I-485.

[Amp79]

Based on your previous posts, you are filing I-485 based on an I-130 family-based petition. In that case, you will need an I-864 completed by the petitioner as part of your I-485. Your income can be counted in the sponsor's household income if their individual income is not sufficient.

I was told that you can only use your own income and assets to sponsor yourself if you’re spouse doesn’t meet the minimum income requirements only if you’ve been working in the US for some time.
I’ll be starting my green card process soon and I’m looking for a joint sponsor since my soon to be US wife doesn’t earn enough money. I have plenty of resources but I was told I couldn’t use them because I’ve never worked in the US.
is this false?

[newacct]

I was told that you can only use your own income and assets to sponsor yourself if you’re spouse doesn’t meet the minimum income requirements only if you’ve been working in the US for some time.
I’ll be starting my green card process soon and I’m looking for a joint sponsor since my soon to be US wife doesn’t earn enough money. I have plenty of resources but I was told I couldn’t use them because I’ve never worked in the US.
is this false?

Your (the intending immigrant's) income can be used if you are working in the US legally and your income can continue after you immigrate. If your income is from a foreign job, then you probably can't use it as you probably can't continue the job after you immigrate to the US. Your assets should still be able to be used if they can be converted to cash within 1 year.

[Samsun123]

Based on your previous posts, you are filing I-485 based on an I-130 family-based petition. In that case, you will need an I-864 completed by the petitioner as part of your I-485. Your income can be counted in the sponsor's household income if their individual income is not sufficient.

sorry I should’ve made my post a bit clear, my friend is applying for i485, he’s been living and working for 5-6 years.

Does he need to fill i864 also. if he’s working what forms will he sent to show he’s sponsoring himself.

[newacct]

sorry I should’ve made my post a bit clear, my friend is applying for i485, he’s been living and working for 5-6 years.

Does he need to fill i864 also. if he’s working what forms will he sent to show he’s sponsoring himself.

What category is he immigrating in? (Who petitioned him?)

[Samsun123]

What category is he immigrating in? (Who petitioned him?)

It was thru his sister (approved i130) he’s filing i485 only, he just wants to make sure if he needs to file i864 or not cuz he’s been working on EAD all this time.

[newacct]

It was thru his sister (approved i130) he’s filing i485 only, he just wants to make sure if he needs to file i864 or not cuz he’s been working on EAD all this time.

Yes, he needs an I-864 from his sister. Like I said, his income can be counted in her household income.

[Samsun123]

Yes, he needs an I-864 from his sister. Like I said, his income can be counted in her household income.

Ok thank you so much.

[Amp79]

Your (the intending immigrant's) income can be used if you are working in the US legally and your income can continue after you immigrate. If your income is from a foreign job, then you probably can't use it as you probably can't continue the job after you immigrate to the US. Your assets should still be able to be used if they can be converted to cash within 1 year.

Thank you. No I’m not working here. I’m unable to work for now. I’ve been in the US as part of an FDA clinical trial for a chronic illness I have. I have assets in Canada in excess of $1Million. But I haven’t been able to get a clear answer if I can use those assets as proof to sponsor myself for a green card because my fiancée doesn’t meet the income or asset requirements. I could find a joint sponsor but it would be easier to just do it myself but my lawyer is telling me i can only use my assets in Canada as proof that I won’t be a public charge, not able to bring assets to US and use for self sponsorship. Is that true? I’m confused and getting conflicting information.

[newacct]

Thank you. No I’m not working here. I’m unable to work for now. I’ve been in the US as part of an FDA clinical trial for a chronic illness I have. I have assets in Canada in excess of $1Million. But I haven’t been able to get a clear answer if I can use those assets as proof to sponsor myself for a green card because my fiancée doesn’t meet the income or asset requirements. I could find a joint sponsor but it would be easier to just do it myself but my lawyer is telling me i can only use my assets in Canada as proof that I won’t be a public charge, not able to bring assets to US and use for self sponsorship. Is that true? I’m confused and getting conflicting information.

Again, your assets count as part of the sponsor's household assets, and $5 of assets (assuming they can be converted to cash within 1 year) counts for $1 of income. So as far as the I-864 goes, you should be good. As to whether that is enough to overcome "public charge" issues, I can't say.