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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 ?

Attorney Answers 4


  1. 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.


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


  3. I agree with my colleagues.

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  4. 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.

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