He can use his income so long as he has employment authorization. You can also use assets if your income is insufficient. Otherwise you would need a joint sponsor.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
This answer only relates to affidavit of support requirements. I agree with my colleague, as a sponsor if you do not meet the income requirement, you may count your husband's income (intending immigrant’s income) if your husband derives his income from lawful employment or from some other lawful source that will continue to be available to the him after he acquires his permanent resident status. If his status has expired then it will be difficult to prove that his income is derived from lawful employment. In that case, you will need a joint sponsor. Please hire an immigration lawyer to handle his immigration matter.
Rajesh Prasad, Esq.
Parikh and Prasad Law Group
5861 Pine Avenue Suite B
Chino Hills, CA 91709
There are a lot of forms that must be filed, such as I-130, I-485, g-325a - all depending on your specific situation. You may be able to use your husband's income to meet the sponsorship requirements for I-864 affidavit of financial support, and/or assets. It is vitally important to put together required supporting documents, as required by immigration laws and regulations. As part of the process, you will later be invited to appear in person for the interview, where it will be determined whether your husband qualifies for the greencard. You should definitely consult an immigration attorney!
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You can file I-130 petition for your spouse. Once it is approved, you can then file I-485. You also need to file I-864 (affidavit of support). If you do not have income, you can use his income as long as it is derived from lawful employment or means. If he derives his income from legal employment here and loses his legal status to work here, you need to find a co-sponsor, such as your parents or other friends or relatives.
Since your husband visa has expired, you need to find ways to continue his legal status here. I advise you talking to an immigration attorney to evaluate the situation and provide the best strategy for him.
Very delicate area, the issue is if your husband has worked illegally his adjustment application will be denied by USCIS and he might be placed in removal proceeding. However he is protected, as per se is is an immediate relative of a USC. But USCIS will not tell you that. My advise is for you to consult with an experienced immigration attorney.
US Immigration Attorney Services
Financial Center Building
405 14th Street, Suite 1610
Oakland, California 94612