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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10754
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I am sponsorhing my husband from inside the USA (adjustment

Customer Question

I am sponsorhing my husband from inside the USA (adjustment of status) I completed the I-864 but i dont meet the income requirments, i earn $4, 865. My husbands is working inside the USA illegally but he files his taxes can i use his income for our I-864? He earns $19, 304. There are the three of us in a household?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Expert James replied 3 years ago.
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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.

The solution in this case would be to include assets, like a home you own, savings, investments, and/or having a joint sponsor for the I-864. Note that the joint sponsor has the same responsibilities to the US government that you do, when submitting the I-864.

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