I-864, Affidavit of Support and Using the Intending Immigrant's Income

My friends have filed for marriage based adjustments of status. The USC spouse did not have sufficient income to become a sponsor, so they used the intending immigrant's income. Together they satisfy the 125% requirement. Today they have received Request for initial evidence (I-485).

USCIS has made two requests:
1.Full supporting tax documentation for the USC. (Being self employed with minimum income may be a trigger for that?)

2.USCIS states: "For the household's member income to be included in the household income, the household member income must have been from a lawful source and earned while the household member was authorized to work in the US".
The immigrant income is indeed from a lawful source. Had the same job and paid taxes for a decade.

However, the work permit has been expired for a long time. After reading the I-864 instructions thoroughly again, we did not find any such provision. I understand that the wording of these documents may be vague and do not argue against the existence and validity of the request (David and Goliath reference here). Furthermore, spouses of US citizens receive "amnesty" for certain violations like working without a permit, so we don't understand what is the issue since she's keeping that job.

So, they are in need of advice: Is it worth to pursuit the application in it's current state? Can they battle their way out of this? Or, should they look for joint sponsor outside their household and re-apply?

Thank you.

Working without authorization even if it initially was authorized is unlawful. One is required to pay income taxes even if the income was illegally received.

She should receive "forgiveness" for working illegally but since the income was from working illegally, it cannot be used.

They need to consult an attorney for a better explanation of what they have done wrong since they are of the belief that her income was "lawful" and what is now required.

I sure hope the taxes were properly submitted.

This is not a David and Goliath issue. It is a question about how many illegal acts can a person commit in an attempt to obtain foreign immigration.

Exactly. By definition, this cannot and will not be counted as lawful income.

I understand. Thank you for your quick responses. Event to you Disagreeable.
The process of immigration could be tedious and stressful, so any help and advice is much appreciated.

To add a little more to the conversation: I understand the principle of "unlawful" income and why it won't be counted. And no doubt it's unlawful since no work permit was available. However, our interpretation was based on the "forgiveness" of working illegally, the condition that "...the immigrant income will continue from the same source after he or she obtains lawful permanent resident status" and the lack of any mentioning of the lawful income requirement (which makes total sense now) in the I-864 instructions.

In any case, I different approach is needed and they will need a joint sponsor. Can anyone point us to some information on how to amend the application with new sponsor? Is this even necessary or should they just mail in an I-864A?

You're misunderstanding.

If the spouse wants to become a co-sponsor (or anyone else for that matter), illegal earnings pre-petition absolutely do not count as far as sponsorship goes.

Avvo's guide is easy to read and is accurate and up to date:

http://www.avvo.com/legal-guides/ugc...ip-legal-guide

And I do feel compelled to ask...are the sponsors actually aware of what the obligation entails?

Actually, I go for option B. They are immediately denied and deported for their 10 year ban to be served. Of course believing in the law is a weakness of mine. A $1000 errrrrr contribution to the gov't will get them out of that part in all likelihood.

As long as s/he/they entered legally, subsequent bona fide marriage to a US citizen will generally forgive the overstay and even the illegal working.

The trigger is whether the alien stays in the US or leaves.

That's not going to make you happy though ;)

Thanks for the Avvo guide. It's well written and clear. I completely get the idea of joint sponsorship and why it exists. I would love to rant a little more why the lawful income requirement isn't explicitly stated in the supporting documentation, but wouldn't dare to waste anyone's time.

@Dogmatique: Frankly, I don't think most immigrant sponsors are fully aware of what that contract means and all the obligations that go with it. All people care about is getting their family members legalized, so everyone can go on with their lives.

If anyone can provide some insight on how to amend that I-864, it will be much appreciated.



Thank you again Disagreable. Your clever insights provided some much needed comic relief in an otherwise dull and monotonous day.

Anything for a traitor assisting foreign invaders to take over the US.

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Quoting dstone

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Thanks for the Avvo guide. It's well written and clear. I completely get the idea of joint sponsorship and why it exists. I would love to rant a little more why the lawful income requirement isn't explicitly stated in the supporting documentation, but wouldn't dare to waste anyone's time.

@Dogmatique: Frankly, I don't think most immigrant sponsors are fully aware of what that contract means and all the obligations that go with it. All people care about is getting their family members legalized, so everyone can go on with their lives.

If anyone can provide some insight on how to amend that I-864, it will be much appreciated.



Thank you again Disagreable. Your clever insights provided some much needed comic relief in an otherwise dull and monotonous day.

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Nope. They don't.

They often need to have it spelled out:

This obligation is a contract between the sponsor and the US government. Divorce does not get rid of the obligation, and the sponsor is theoretically on the hook for 125% of the Federal Poverty Level until one of these conditions is met:

1. The immigrant naturalizes

2. The immigrant earns 40 qualifying SS quarters

3. The immigrant dies

4. The immigrant abandons their residency.

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Quoting Disagreeable

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Anything for a traitor assisting foreign invaders to take over the US.

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Like drama much?

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Quoting llworking

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Like drama much?

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I almost appreciated the irony of it, to be honest...though it wouldn't have been half as amusing if he'd actually intended it to be ironic.

An American complaining about furriners coming in and taking over...

;)

This is not the place to get into the politics behind these bottom feeders being permitted to invade and take over the US. When your grand kids pay the price, I only hope you are alive to watch.

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Quoting Dogmatique

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I almost appreciated the irony of it, to be honest...though it wouldn't have been half as amusing if he'd actually intended it to be ironic.

An American complaining about furriners coming in and taking over...

;)

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OP,

Are YOU willing to undertake sponsorship? If not, be sure to explain to your friends that they should be honest with anyone they ask.

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Quoting Disagreeable

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This is not the place to get into the politics behind these bottom feeders being permitted to invade and take over the US. When your grand kids pay the price, I only hope you are alive to watch.

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In other words, it's only okay to talk about if you raise the issue?

Even funnier, given (again) what you actually said.

:cool:

For what its worth, I live in a notoriously immigrant-friendly area. There's a reason why my location is listed the way it is. ;)

(And seriously dude? You just reminded me that my eldest grandchild is going to be 10 next year. TEN. He's not allowed to be ten - it seems like only last week I was the tandem diaper queen!)

Well, if you want to get technical, my understanding is you are a poster child for how a foreigner can manipulate the US system to their financial advantage. Citizenship, bankruptcy and SS I understand. I am not the one who seems to be bringing up centuries old history to make an immigration statement. The message for which is completely garbled since it is not the same circumstances and the circumstances there established territorial dominance globally.

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Quoting Dogmatique

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In other words, it's only okay to talk about if you raise the issue?

Even funnier, given (again) what you actually said.

:cool:

For what its worth, I live in a notoriously immigrant-friendly area. There's a reason why my location is listed the way it is. ;)

(And seriously dude? You just reminded me that my eldest grandchild is going to be 10 next year. TEN. He's not allowed to be ten - it seems like only last week I was the tandem diaper queen!)

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Quoting Disagreeable

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Well, if you want to get technical, my understanding is you are a poster child for how a foreigner can manipulate the US system to their financial advantage. Citizenship, bankruptcy and SS I understand. I am not the one who seems to be bringing up centuries old history to make an immigration statement. The message for which is completely garbled since it is not the same circumstances and the circumstances there established territorial dominance globally.

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Sorry, I had to Q4P before you realized that it might be better to just keep quiet.

:cool:

And honeypie sweetums? We can smell your agenda from here. Not a particularly nice stench, but then you probably know that.

Because I believe in the Constitution? Because I believe the law should be enforced, not altered, ignored and manipulated for the financial gain of a small group of people at the expense of all US citizens? I have nothing to be quiet about, you are the one who wanted to make this a discussion and debate. I suggested this was not the proper place. Just because you do not like the taste of what grows from the seeds you planted, don't blame me. I was simply establishing your agenda which seems to be you have the right to take anything and everything you can get from US citizens. Comparable to that which we deal with here.

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Quoting Dogmatique

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Sorry, I had to Q4P before you realized that it might be better to just keep quiet.

:cool:

And honeypie sweetums? We can smell your agenda from here. Not a particularly nice stench, but then you probably know that.

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I suppose you'd be eating some crow pie if I naturalized, huh? :cool:

OP, let's reiterate. Your friend's spouse's income will not count. If your friend needs to amend the I-864, that can be done - but at this point a quick consultation with an immigration attorney wouldn't hurt.

Now that we clarified this is not the place to get involved in such an in depth debate, I apologize for making the point. You know I respect your opinion in almost every situation though we disagree on some issues. You are and always have been a caring contributor to this and several other forums. I applaud the time you spend trying to help others.

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Quoting Dogmatique

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OP, let's reiterate. Your friend's spouse's income will not count. If your friend needs to amend the I-864, that can be done - but at this point a quick consultation with an immigration attorney wouldn't hurt.

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Thank you.