How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11880
Experience:  Write FOR JAMES to get my help!
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

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: 4 years ago.
Category: Immigration Law
Expert:  Expert James replied 4 years ago.
Thank you for using Just Answer/Pearl. Please note that I earn my living by helping customers like you. I only ask that once you've received your answers, you rate me positively based on the customer service I provide you, and not the outcome, for which the law sometimes does not have a good solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.

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.

I hope I have answered your questions. Please reserve your rating for the very end of our conversation. If at that time you're satisfied with my answer and my professionalism - not the outcome or the state of the law which I cannot control - please select a top-three rating. The bottom two negative ratings are reserved for pros who are rude and/or bad at their job, and I'm confident you'll find me to always be professional and truthful with you.

A bonus is appreciated, if you feel I've earned it.

If you want me to answer questions in the future, you can write "FOR LONGHORN" at the beginning of your question, or go directly to my question page here: Ask Longhorn Lawyer

Thank you!

Related Immigration Law Questions