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  1. #1
    Join Date
    Apr 2013
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    12

    Default 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.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

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

    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.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

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

    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.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

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

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

  5. #5
    Join Date
    Apr 2013
    Posts
    12

    Default Re: I-864, Affidavit of Support and Using the Intending Immigrant's 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?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

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

    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?

  7. #7
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

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

    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.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

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

    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

  9. #9
    Join Date
    Apr 2013
    Posts
    12

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

    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.

  10. #10
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

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

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

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