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i-864 do i meet the income requirements

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Filed: AOS (apr) Country: India
Timeline

Hello everyone.

I am in US on a student (F1) visa working on EAD (employment authorization document)

I recently married a US citizen (by naturalization)

I am applying for AOS by submitting i-485 + i-130

I have a question i-864. Our household size is 2 (125% poverty guidelines $18,300)

My wife's income for last year (2010) was abt 20,000.

This year (2011) she was unemployed for 6 mnths.. but based on her current job her annual income is 35,000.

Will W-2 and tax returns of 2010 and her income this year suffice to prove she can support me?

Or should I submit my returns and add myself as a joint sponsor? I have also been working for last 1 yr.

What other documents should I submit with i-864?

Thanks all in advance.

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You cannot sponsor yourself, it is why they need affidavit of support. But you can use your joint account money as assets... Because tax season for 2011 is not filed yet, so tax report 2010 is okay to file already.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

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You can add your income to your spouses income - for the 864.

As long as the same source will continue after you become an LPR.

Follow the instructions for more details.

Edited by Bobby+Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: AOS (apr) Country: India
Timeline

You can add your income to your spouses income - for the 864.

As long as the same source will continue after you become an LPR.

Follow the instructions for more details.

Thanks much Amor.

So when I include my income I should also include my W2 and tax returns right?

So along with filled and signed i-864 I should include both me and my wife's W2 and tax returns.

Am I missing out on anything?

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If you are including your income, include a letter of employment from your employer stating your income will continue once you are granted your new EAD or GC.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Filed: AOS (apr) Country: India
Timeline

If you are including your income, include a letter of employment from your employer stating your income will continue once you are granted your new EAD or GC.

Thanks ceadsearc. Do i also need my paystubs from 3 months.

And what about paystubs for my wife and employment letter for her?

She is working on a temp position (actually it is a permanent job but the term they use is temp.. will that be a problem if i have to submit an employment letter for my wife?

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