I130/i485
Ian on H1b and marring a US citizen and my brother will be co sponsor along with my wife. In this scenario does they required my pay slips as well? I am afraid if they required because my employer pays less salary than the defined one.
The beneficiary's income is reported on sponsorship documents if their income is being used to support the application and the income is earned by lawful means by maintaining status in the U.S.
Responses provided are general in nature and to be construed as informational (not legal advice), given that not all facts are known. Answering this question does not create attorney-client relationship.
While the pay slips and W-2 are not necessary the income can be counted toward the US citizen petitioner's income to meet the income for the I-864. That can make the joint sponsor unnecessary.
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Your pay stubs are likely NOT required for the I-130/I-485 process initially. The focus is on your sponsors' ability to support you financially. The financial burden is on your wife and brother as sponsors, not on you as the beneficiary. Their income is what matters for the I-864 requirements.
However, if there are significant H-1B wage compliance issues, consider addressing those separately with your employer or through legal counsel, as they could affect your current status.
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It is not required your income be included but it is up to the parties, you, spouse and brother to make that determination. For purposes of the affidavit of support, if you are including your income, then your pay stubs, W-2s, tax returns, assets, etc., must be submitted, In addition, you must file and properly complete the I-864A
This information is for general knowledge and should not be considered legal advice. Consulting with an immigration attorney is strongly recommended for specific situations.
