Question Regarding I-864

[Another Immigrant 0]

Hi,

A friend of mine is apply for the Green Card via spouse (married over a year) and wanted to know if his income is included as part of affidavit of support for I-864.

He has been working on H1-B for several years, but his wife was working part time and her income only wont be enough to be above the poverty line.

He says the form says both person's income but when he called USCIS they say only wife's income.

What is poverty line and how much income should be above it.

Whose income should be included and whose income is considered, what other additional support can be used for I-864.

Please guide and answer in this regard. I don't want him to get RFE.

Thank You.

[Hypnos 6,578]

If he is working legally (and if on an H1-B then he is) and his income will continue from the same source after his green card is approved, then his income can be included on his wife's I-864.

The primary sponsor's income (and this includes the husband's income if he qualifies to have his own income included on his wife's I-864) must be at least 125% of the poverty guidelines for the appropriate family size: https://www.federalr...-guidelines#t-1

For a family of two this would be $19,387.50 for the upcoming year (2013's poverty guidelines were recently posted).

Edited February 1, 2013 by Hypnos

[Penguin_ie 5,997]

** Moving from CR-1 spousal visa to AOS from Work Visa forum ***

Hypnos is correct.

[Another Immigrant 0]

Thanks Hypnos for your reply.

Anyone other member has any suggestion or can answer it, it will be helpful.

If he is working legally (and if on an H1-B then he is) and his income will continue from the same source after his green card is approved, then his income can be included on his wife's I-864.

The primary sponsor's income (and this includes the husband's income if he qualifies to have his own income included on his wife's I-864) must be at least 125% of the poverty guidelines for the appropriate family size: https://www.federalr...-guidelines#t-1

For a family of two this would be $19,387.50 for the upcoming year (2013's poverty guidelines were recently posted).