If your husband is a U.S. Citizen applying for you to adjust status, he will need to submit an Affidavit of Support regardless of his income. If his income is insufficient to meet the requirements specified in the Form I-864P Poverty Guidelines, then it will be necessary for you and he to secure a joint sponsor to also submit an Affidavit of Support. The joint sponsor generally may be any U.S. Citizen or Lawful Permanent Resident regardless of relationship to you or your husband.
The 2009 Form I-864P specifies that if the sponsor's household size is four persons, then only he will have to submit an Affidavit of Support if he can show documentable income of at least $27,562 per year. It will be important to supply satisfactory proof of income (such as, for example 2009 tax return, letter from his employer and current paystub showing year-to-date information).
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David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * email@example.com