Question about self-sponsored green card via marriage, need some help

[telly0050 0]

Greetings, i was looking for information about i-864 form and come across this forum which seems to be the most professional i've seen.

and i desperate need some help on my case on applying for change of status of green card.

so here is my situation:

i got a work permit and SSN via a recent "dream act" from Obama, and is able to gain some income for my family.

i married with my wife 3 months ago, however her income is not enough to sponsor me, and we are unable to find any co-sponsor who meets the qualification.

good thing is i found out that i can self-sponsored myself (or "help" my wife to sponsor myself base on their description).

but i am not sure if my income meets standard.

i have been self-employed for 2 years working on eCommerce business, my 2012 report income is around 23,000, and my 2013 income is 38,000.

I also have roughly 100k saving in my bank account. my wife has only started working for 1 year and 2013 report income is 9,000.

So base on this situation, do you think i can qualify to be self-sponsored?

if it works, what other proves or documents do i need?

Thanks very much for reading and any comment is highly appreciated.

Edited April 10, 2014 by telly0050

[Boiler 46,165]

Income since you obtained EAD would count, sounds OK.

You are going the I 601A route?

PS Its called DACA.

[telly0050 0]

thanks for your comment.

my income of EAD is only the 2013 one (DACA didn't exist before then), the 2012 income was my first year of starting a business and i used my ITIN number to report income (which my parents applied for me long time ago), will that also work?

by the way any income that was report before 2012 was under my parents' name which is quite low to start off.

and i am not sure about the i601A option, will need some research on that.

what the lawyer suggest me to do is to applied for i130, i864, i485, and g325A.

[Boiler 46,165]

DACA means you are here illegally.

I 485 suggests adjustment in country which is not possible normally?

Did you travel on ap, what am I missing?

[aussie_jason 195]

Did you originally enter the US legally and just overstayed? If not then you can't file an I485 without a waiver and even if you did enter legally then it isn't a simple case so you will need a good lawyer, one that would have already covered that and also answered your question about using your income, which is yes btw as long as it is legal employment (unauthorized work will be forgiven when adjusting status via marriage to a USC but you can't use that income for sponsorship) and you can prove that employment will continue once you get your green card.

Edited April 10, 2014 by aussie_jason

[KayDeeCee 4,896]

When did you enter the US? How did you enter the US?

How are you eligible to file for AOS? The I-485 states who is and is not eligible to file > http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

[telly0050 0]

sorry for not providing enough information.

i did enter legally and overstay, i have the I-94 card with me and an expired C1 visa.

the C1 visa is not common and lots of people never heard of it.

in short my family was meant to go to another country, and passed through the US and we stayed here.

[Boiler 46,165]

You can not adjust from C/D.