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Recently married to US Citizen . Wife's income below 125% of poverty . Can i include my income in her I - 864 ?

Harrison, NJ |
Filed under: Green cards

I am on H - B and recently married to a US Citizen . I will be filing I - 485 with I - 130 and I - 864 . My Wife's ( US citizen ) income is below the required number ( 125% of poverty ) . Her parents are wiling to co sponsor , but i am thinking of including my income with her I - 864 and not using a co sponsor . Is this a safe option ? We currently live together in a separate apartment with total household size of 2 ( me and my wife ) . I can get a letter form my employer stating my period of work and my salary . Will this be sufficient proof ?

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Attorney answers 4

Posted

If you are working legally then you can use your income.

Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

Asker

Posted

Thanks Yolanda, I am legally working here since more than 4 years and i am with hy current employer since 2010. I can get an employment letter but my concern was with one of the instruction " Proof that the intending immigrant's current employment will continue from the same source if his or her income is being used.". I don't think any employer can guarantee that.

Yolanda Navarrete

Yolanda Navarrete

Posted

If that doesn't work you can use the co-sponsor. The important thing is that you are eligible to adjust. Feel free to email me at ynlawfirm@aol.com.

Asker

Posted

Thanks Yolanda.

Yolanda Navarrete

Yolanda Navarrete

Posted

My pleasure.

Posted

If your income is lawful, and it should be if you are an H visa holder, you can use that income.

Asker

Posted

Thanks Eric, I can get an employment letter but my concern was with one of the instruction " Proof that the intending immigrant's current employment will continue from the same source if his or her income is being used."

Posted

I agree with my colleagues.

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Asker

Posted

Thanks Alena, I can get an employment letter but my concern was with one of the instruction " Proof that the intending immigrant's current employment will continue from the same source if his or her income is being used."

Alena Shautsova

Alena Shautsova

Posted

I would say that the safest option for you would be to find a joint sponsor who has sufficient funds and not trying to scramble here and there.

Posted

As long as you are lawfully present and in status on your H1B, your income can be included. A letter from your employer will be required as part of the documentatiion submitted with the I-864A you will need to complete.

It might be worth your time and trouble to consult with an experienced immmigration attorney for a full review of your circumstances.

Good luck!

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A consultation with an experienced attorney is always the best way to go.

Asker

Posted

Thanks Eugene, I can get an employment letter but my concern was with one of the instruction " Proof that the intending immigrant's current employment will continue from the same source if his or her income is being used."

Eugene J. Glicksman

Eugene J. Glicksman

Posted

Don't worry about that language. At a minimum. the letter should state your name, position, the date you started working, and your current salary.

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