QUESTION
How do I complete I-864 while unemployed/receiving no current income?
Asked on Apr 18th, 2014 on Immigration - Illinois
More details to this question:
I'm a US citizen and started the process for adjustment of status / green card application for my wife (I130 I485. I864 I765 I693). We have been married for getting close to 2 years. I was employed until September last year with verifiable salary and 3 year of tax returns. My latest tax return for 2013 shows sufficient income. Company went through downsizing and I was laid off. I received unemployment benefits from October through March of 2014. After end of unemployment benefits, I started a freelancing business which is not generating income yet. I also have assets in checking/saving account, and real estate. Should I check of the unemployed box on I864 form and list assets that in excess of 3X federal poverty line or should I check the self-employed box list assets that in excess of 3X federal poverty line? So in essence what is looked more favorably by USCIS being unemployed with financial assets or being self-employed with no current income with financial assets? One more consideration, unfortunately we can't find a joint sponsor. Any advise would be greatly appreciated.
3 ANSWERS
Adebola O. Asekun
You should find a friend, family member or neighbor being either a US citizen or legal resident alien who has sufficient income to join you as a co-sponsor. Such individual does not necessarily have to live with you in your household it is sufficient that he co-sponsor is residing in any one of the states in the United States.
Answered on Apr 21st, 2014 at 3:09 PM
If you're currently unemployed and collecting unemployment benefits, then you should check the unemployed box and enter the date your unemployment began. If you're not collecting unemployment benefits now (in April of 2014) and have started self-employment, then you should not check the "Unemployed" box (item 4). Regardless, if your current 2014 year income (including actual from 1/1 to 4/18 and estimated from 4/19 to 12/31) is not in excess of 125% of the Federal Poverty Guidelines, then you will need to include assets and your spouse's income to supplement your income as the primary sponsor. My law office handles the preparation and submission of family-based immigration petitions and related applications & visas, so pleas feel free to reach to us for specific legal advice & guidance.
Answered on Apr 21st, 2014 at 3:05 PM
You should tell the truth. If you're self-employed, then indicate that you're self-employed. Unemployment insurance is not considered a means tested benefit. However, it will be wise to get a job before your upcoming interview. It may also be wise to consider whether you to hire an attorney in case something does not go the way that you planned. There may be a number of other complications and it may be unwise to file. The cost of filing the applications may be around the costs to hire an attorney. Good luck.
Answered on Apr 21st, 2014 at 2:52 PM