Can they use his income?

[leena61 0]

Hi, I just joined up here, and this question MUST come up often. I hope you can help. My daughter is seeing a man who owns his own business here, but doesn't have permanent residency. She does not meet the 125% above the poverty level to sponsor him, IF they are to marry. I question why he would need a sponsor at all, since he has been here and worked for years. Is there something fishy about this, or am I right that he could use his own income to qualify? I read ( I think it pertained to this) that if they would wait 6 months, his income is all they need. I am asking this because if they do decide to marry, I am not sure I want to be a co sponsor. I wish I knew more about his case, but I don't so far.

[leena61 0]

Hi, I just joined up here, and this question MUST come up often. I hope you can help. My daughter is seeing a man who owns his own business here, but doesn't have permanent residency. She does not meet the 125% above the poverty level to sponsor him, IF they are to marry. I question why he would need a sponsor at all, since he has been here and worked for years. Is there something fishy about this, or am I right that he could use his own income to qualify? I read ( I think it pertained to this) that if they would wait 6 months, his income is all they need. I am asking this because if they do decide to marry, I am not sure I want to be a co sponsor. I wish I knew more about his case, but I don't so far.

Maybe I should have made the question more simple: Can the imigrant use his own income earned in America,when his wife has does not meet the 125% above the limit without the need for another co-sponsor?

[w1331 2]

Hi, I just joined up here, and this question MUST come up often. I hope you can help. My daughter is seeing a man who owns his own business here, but doesn't have permanent residency. She does not meet the 125% above the poverty level to sponsor him, IF they are to marry. I question why he would need a sponsor at all, since he has been here and worked for years. Is there something fishy about this, or am I right that he could use his own income to qualify? I read ( I think it pertained to this) that if they would wait 6 months, his income is all they need. I am asking this because if they do decide to marry, I am not sure I want to be a co sponsor. I wish I knew more about his case, but I don't so far.

Maybe I should have made the question more simple: Can the imigrant use his own income earned in America,when his wife has does not meet the 125% above the limit without the need for another co-sponsor?

leena61,

What is his current status now in the US? Is he on any types of visa? Did he file tax last year?

As long as his status is legal in the US and he's making money based on types of visa that allow him to work/have a business in the US, he and your daughter can combine their income to meet the 125% requirement. USCIS usually looks on his and your daughter's tax return from previous year to determine the 125% requirement, but sometimes USCIS will require tax return from the past 3 years.

I hope this helps

[MargotDarko 0]

As long as he is here legally and his business is legal, and as long as he can show proof of his income and his tax returns, his income can absolutely be included. No waiting six months either. What would happen is that she would fill out the I-864 as the main sponsor and include his income in the household total.