Joint Sponsor I-864 question

[rjkerr16]

Hey friends,

I am an American citizen and my spouse is applying for an Adjustment of Status. We married while she was on her OPT Visa after graduate school.

I have been in graduate school the past few years and work in film production with short term contracts. Because of this, my recent yearly earnings on tax forms do not show me making the required money. To date, my 2020 earnings would not qualify to be her sole sponsor either. I will, however, be starting a job in several weeks with which I will exceed the required income. As this is "expected income", I have filled out my i-864 including this money. I have, however, not received a contract or hiring letter yet.

My parents are happy to act as the joint-sponsor. They have an income above the necessary earnings. Because of the irregularity of my work and my inability to submit a contract or hiring letter for this imminent job, should they submit a i-864 as a joint sponsor despite my declaration that I will make enough money?

Thank you so much for the support!

[Cornflake]

I would consult a lawyer, but based on my experience, get the joint sponsorship. Leave no room for doubt.

[newacct]

It is not "expected income". It is "current income". "Current" means right now, at this moment. So if you started the job yesterday, that job's salary is part of your current income. But if you haven't started the job yet (at the time you sign the I-864), you cannot count any income from that future job.

[rjkerr16]

It is not "expected income". It is "current income". "Current" means right now, at this moment. So if you started the job yesterday, that job's salary is part of your current income. But if you haven't started the job yet (at the time you sign the I-864), you cannot count any income from that future job.

Thank you for pointing this out! You are correct. The instructions state that you can "include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income." But if I do not have a hiring letter or contract yet, I suppose it is just easier to go with the joint-sponsor.

[rjkerr16]

Adding on one more question that has come up:

I have decided I will be using a joint-sponsor who will be my parents. I am a little confused about the "household" stipulations of this form. I am no longer a dependent on my parents' tax forms. For this reason, I understood that both my parents AND I should submit the I-864. I wanted to confirm the following:

1. I am required to submit the I-864 even though my wages do not meet the minimums.
2. My parents should submit the I-864 and NOT the I-864A as I am no longer a dependent on their tax form.

Part of my concern is around the fact that NOWHERE in my I-864 do I mention that a joint-sponsor will simultaneously be filing. If I were to use family member income, however, I would this in Part 6, Question 21.

Finally, are my parents obliged to submit this form together as they are on one another's taxes? If my father is signing, is he obliged to name my mother in Part 6, Question 8?

Thank you so much for the help!

[newacct]

1. I am required to submit the I-864 even though my wages do not meet the minimums.

Correct

2. My parents should submit the I-864 and NOT the I-864A as I am no longer a dependent on their tax form.

Correct. More specifically, because they are not dependents on your tax return, and they do not live in the same residence as you.

Finally, are my parents obliged to submit this form together as they are on one another's taxes? If my father is signing, is he obliged to name my mother in Part 6, Question 8?

No. If the person who is filling out I-864's own individual income is sufficient to meet the requirements, they don't have to count their spouse's income, and their spouse does not have to fill out I-864A.