I-864.. Sufficient Income Inquiry
dp_l...@hotmail.com
worked mainly due to me studying in college and being a mother. My
(ex) husband has always worked and had always made enough money to
where it was possible for me to study and be a stay at home mommy and
not have to work. My long battle with the divorce finally ended in
January and I recently just found a decent paying job for now. I met
my fiance nearly a year ago and he has been by my side during my entire
divorce. I desperately want to bring him here to marry him, but the
problem is, since I never had to work and do not have the sufficient
amount of income for the I-864 because of me being in college, does the
INS give any considerations on my situation?
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Before you buy.
temp...@my-deja.com
requirement but you do have the option of using other assets if you
have them or finding a cosponsor. Good luck.
Tim & Hien
Jonathan (ATC)
You don't say, what are your plans? Are you planning to just marry and apply
for AOS?
You claim he has "been by my side during my entire divorce." How did he get
here? Where is he from? How has he stayed over 1 year? Is he now out of
status?
What is he doing for a living now? How is he going to support you? Obviously
he can't be working here legally unless he is on a working visa. If he has been
working here legally and he has a good job, then get married and live together
for 6 months and you can count his income for the I-864.
NO, INS will not give any special considerations to students and the unemployed.
You will HAVE to get a JOINT-sponsor who fills out the same forms as you and who
DOES meet the 125% APLG for the number of dependents they have including your
fiancé. (You will need to file some returns for the past three years to include
with the I-864, might as well get on that now if you didn't file for those
years. See IRS website for the forms for the years you didn't file.)
Since you don't tell us what are your plans, I will expound on some things to
think about.
The I-864 is only used if you plan to marry and apply for AOS with him staying
in the country. This is your best plan because if he truly has been here "by
your side", and he is not on a working visa, he is definitely out of status.
If you plan to have him go home and you to file the I-129F for the K-1 fiancé(e)
visa, then you use the I-134. But since he has probably overstayed, if 180-364
days he will be banned from US for 3 years. If 365+ days, the ban is for 10
years. AS long as he doesn't leave, the ban does not go into effect. Hence,
staying and marrying and filing for AOS is really the only option here.
I look forward to hearing the full details.
--
Jonathan
_/ _/ _/ _/
Jonathan & Che-Ning's Den of Immigration
http://clik.to/getk1
http://clik.to/K1andAOSLinks
Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/
Immigration and Naturalization Service
http://www.ins.usdoj.gov
{I am not a lawyer and this is not legal advice.
For reliable advice, please consult with a
professional immigration attorney.}
____________________________________
<dp_l...@hotmail.com> wrote in message news:8dck9r$vul$1...@nnrp1.deja.com...
Michael Voight
Child support would qualify
Other non tamable income would also apply
DaVinci Jr wrote:
>
> If you have court-ordered spousal support ("alimony "), that is considered
> income.
> Plus, if you submit a copy of your income tax return, the alimony receivedis
> specified on your return thereby validating the "income" as taxable income.
DaVinci Jr
Jonathan (ATC)
Did ANYONE mention alimony?
--
Jonathan
_/ _/ _/ _/
Jonathan & Che-Ning's Den of Immigration
http://clik.to/getk1
http://clik.to/K1andAOSLinks
Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/
Immigration and Naturalization Service
http://www.ins.usdoj.gov
{I am not a lawyer and this is not legal advice.
For reliable advice, please consult with a
professional immigration attorney.}
____________________________________
DaVinci Jr <davi...@aol.com> wrote in message
news:20000416205052...@ng-fz1.aol.com...
Jonathan (ATC)
Only verifiable income counts for the I-864. If one plans to use child support
or alimony to help qualify, it must be court ordered and a copy of the court
order must be included with the I-864.
(of course, who would pay alimony or child support if they were not ordered to
by a court?)
It not only has to be court ordered, but one must submit their bank statements
in order to prove that it is steady income. A good percentage of those who are
supposed to pay alimony or child support do not do so. Just having a court
order is not evidence of that income actually being paid.
However, the original poster did NOT mention that she gets any alimony.
Probably not in her divorce decree. Again, we don't know enough of her details
to be advising her much beyond what has been said. Her "fiancée" could be out
of status as it is.
--
Jonathan
_/ _/ _/ _/
Jonathan & Che-Ning's Den of Immigration
http://clik.to/getk1
http://clik.to/K1andAOSLinks
Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/
Immigration and Naturalization Service
http://www.ins.usdoj.gov
{I am not a lawyer and this is not legal advice.
For reliable advice, please consult with a
professional immigration attorney.}
____________________________________
Michael Voight <mvo...@cisco.com> wrote in message
news:38FA6367...@cisco.com...
> But... It doesn't have to be taxable income.
> Child support would qualify
> Other non tamable income would also apply
>
>
> DaVinci Jr wrote:
> >
dp_l...@my-deja.com
Sorry to those of you who have been wondering about the "details" of
this and I haven't replied until now. I haven't been available to give
you the rest of the info. First of all concerning my fiance's status,
I meant he's been by my side as in stuck with me thru all the hell of
my divorce. He has only visited me one time and that was in March, but
other than that he isn't out of his status because he is home where
he's supposed to be. Second, there is no alimony since I never asked
for it, and that would have only prolonged the divorce proceedings
which I didn't want. Also, there is no child support yet, still
waiting on that slow ass judge to sign the papers.:( I do have tax
returns for the previous 3 years which would alot for enough money, but
it's in both our names since we filed jointly. I know they won't give
any consideration on those since he was the main "bread winner" and he
is no longer the bread winner of this house.. lol..
I do however have another question. I know the difference between the
125% poverty level and my income can be made up thru assets and that
the difference has to be at least 5x that amount, etc. Can we transfer
some of my fiance's funds to my bank and use those as my "assets" and
can we put some of the things he owns in his country in "our" name and
count those as assets. I know it's a long shot, but trying to find any
way possible to make up that difference before trying to find a co-
sponsor.
Any help extremely appreciated!!!!!
Thanks
In article <8df04p$2qk0$3...@newssvr03-int.news.prodigy.com>,
"Jonathan (ATC)" <reply...@the.group.com> wrote:
>
> Did ANYONE mention alimony?
>
> --
> Jonathan
> _/ _/ _/ _/
> Jonathan & Che-Ning's Den of Immigration
> http://clik.to/getk1
> http://clik.to/K1andAOSLinks
> Arnaldo and Alvena's Fiance Visa Page
> http://www2.apex.net/users/thehydes/
> Immigration and Naturalization Service
> http://www.ins.usdoj.gov
> {I am not a lawyer and this is not legal advice.
> For reliable advice, please consult with a
> professional immigration attorney.}
> ____________________________________
> DaVinci Jr <davi...@aol.com> wrote in message
> news:20000416205052...@ng-fz1.aol.com...
> > If you have court-ordered spousal support ("alimony "), that is
considered
> > income.
> > Plus, if you submit a copy of your income tax return, the alimony
receivedis
> > specified on your return thereby validating the "income" as taxable
income.
> >
> >
>
>
Catz
Some people use the term "was by my side" to not only mean
physically in close proximity. My fiance was "by my side" while
we were seperated by almost 4 thousand miles, meaning that a
piece of him was with me at all times.. his heart, and his
endless support of me. I wouldn't assume this person was out of
status without having the facts. The poster said she wanted to
bring him here.. so perhaps he isn't already in the US.
Just somethng to ponder upon!!! ;)
Catz
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Michael Voight
"Jonathan (ATC)" wrote:
>
> Only verifiable income counts for the I-864. If one plans to use child support
> or alimony to help qualify, it must be court ordered and a copy of the court
> order must be included with the I-864.
> (of course, who would pay alimony or child support if they were not ordered to
> by a court?)
I did well before the court ordered it.
I also pay more than specified by the court as my income has gone up
substantially since the divorce 10 years ago (30K vs 360K)
> It not only has to be court ordered, but one must submit their bank statements
> in order to prove that it is steady income.
Alimony, of course, is listed on the tax return, so shouldn't that be
enough proof?
Michael
Jonathan (ATC)
Well you're just the model citizen, Michael. I wish there were a job for me
that would pay that well! ;o( I'd even take the 30K.
--
Jonathan
_/ _/ _/ _/
____________________________________
Michael Voight <mvo...@cisco.com> wrote in message
news:38FB3DC1...@cisco.com...