Using Intending Immigrants Income for I-864

[user8888 0]

Hello everyone.

I am a US Citizen, my wife(immigrant) and I just got married. She has been in the USA since 2001 on a student visa and has not went out of status. She has continued and is currently going to school for the past 12 years so her I-20 is still valid every year. Since 2006 she has been working, receiving W-2s, and filing her taxes every year. She does not have a work authorization.

I am currently not making enough income to meet the income limit requirements.

My question: Is it going to be a problem if we include her income because technically she is not supposed to be working? Will this cause problems for her or her employer?

She doesn't have the 40 working credits yet to waive the support completely, she has about 31. But she is making more than the income poverty limit.

Thanks

[Newbie608 103]

Hello everyone.

I am a US Citizen, my wife(immigrant) and I just got married. She has been in the USA since 2001 on a student visa and has not went out of status. She has continued and is currently going to school for the past 12 years so her I-20 is still valid every year. Since 2006 she has been working, receiving W-2s, and filing her taxes every year. She does not have a work authorization.

I am currently not making enough income to meet the income limit requirements.

My question: Is it going to be a problem if we include her income because technically she is not supposed to be working? Will this cause problems for her or her employer?

She doesn't have the 40 working credits yet to waive the support completely, she has about 31. But she is making more than the income poverty limit.

Thanks

If she was working illegal, then her income cannot be used to satisfy the requirements of the I-864. You will be RFE'd to show proof that the intending immigrant was authorized to work if you send in her Tax documents. I would suggest getting a sponsor.