Legal Question in Immigration Law in Utah

Sponsor's Income/assets for I-864

My daughter-in-law entered the country on a fiancee visa and married my son. Their I-485 is on hold since he does not meet the 125% poverty income level. I have two questions.

1. Is his income based solely on the last tax return, an average of the past three years, or some other formula? He started a business and reported no personal income in 2006, but did have income in 05 and 07. I'd like to use this info to determine the level of assets he needs.

2. If several members of his extended family give him money that he puts in a savings account in his name, would those assets be looked at suspiciously, or would it not matter as long as they belonged to him? We would rather do this than enter into the joint sponsor agreement.

Thank you so much for your time. We are getting a little desperate since he only has about 10 more days to return the documentation.

Asked on 2/20/08, 3:07 pm

1 Answer from Attorneys

Janet Greathouse Greathouse Law Firm
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Re: Sponsor's Income/assets for I-864

I'm sure this is not what you want to hear, but an attorney cannot tell you what actions you should take in your specific situation without knowing all of the facts of the case. However, I can provide you with some very general information regarding the immigration regulations on the affidavit of support.

According to the regulations, the household income for the year in which the adjustment of status application was filed is given the greatest evidentiary weight. If more than one year passes between the filing of the Form I-864 or Form I-864A and the examination of the adjustment of status application, and an immigration officer directs the applicant to submit additional evidence, the applicant must submit additional evidence (including copies or transcripts of any income tax returns for the most recent tax year) concerning the income or employment of the sponsor, substitute sponsor, joint sponsor, or household member in the year in which the request for additional evidence was made. In such a case, the income and the federal poverty guideline in effect for the year in which the request for evidence is made will be considered.

I strongly recommend that you review carefully the immigration regulations on this issue, as they can be intricate. You can find the regulations at the USCIS's web site at www.uscis.gov. From the USCIS home page, you should click "Law and Regulations" on the home page. Then on the left hand side you can click "8 CFR". This will get you to the immigration regulations. The relevant section you are looking for is 8 CFR 213a.

The above cite also explains the use of assets in determining the sufficiency of income. I cannot tell you whether it would be prudent to deposit funds to your son's account.

I hope this is helpful. If after reviewing the regulations, you are still unsure of what actions you should take, I highly recommend that you seek the assistance of an immigration attorney.

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Answered on 2/21/08, 5:50 pm

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