Immigration Law Questions? Ask an Immigration Lawyer.
It is possible to use your spouse's income, as his unauthorized employment will be excused upon the filing of the I-485.
But there are a few that might pose problems:
1) The employer would have to say that s/he is willing to continue your spouse's employment, meaning s/he would have to pay at least the federal or state minimum wage, whichever is higher; and
2) Considering even your spouse's income, the total income for the household ($24,169) still does not rise to the minimum requirements for a family of three, which is $24,413.
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