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I'm married to a USC who doesn't meet the poverty guidelines can I use my income ?

Roswell, GA |

I obtained a Job as a F1 student if I file the I-130 form to obtain a work permit can I use my income (including tax return and w2 forms) on the I-864 to meet the poverty guideline?

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Attorney answers 3


Yes, but only if you have lived together for at least 6 months in the same household .

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



Thank you for your answer! Even tho im out of my f1 status? And I'm not supposed to work? We have been married for 5 years and living together for 8 years i just never changed my status because he's been in and out of job and money hAs been tight.

Giacomo Jacques Behar

Giacomo Jacques Behar


When you are married to a USC you don't get penalized for unlawful employment nor for having been out of status! Cheer up ! You'll be Ok! I hope my answers were helpful. Don't forget to designate aA "Helpful" and "Best Answer" to your question.


You sure can. Read the instructions on I-864 and I-864A and for better understanding of the requirements, have a consultation with an immigration attorney.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


I agree with my colleagues.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



Thank you so much

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