Sponsor question

[sagero 0]

Hi, I am new here and would like your opinion about my situation. I am a US citizen, been married for a year to an illegal alien (please, no ill comments about this, that is not the issue discussed). We are planning on applying for AOS this month and just now informing ourselves about what is needed. Our current situation is that after I just graduated - so didn't work for a while, I got pregnant and I haven't worked since last December. Our baby is due at the end of the year. My husband is, however, working, making enough money to support a very comfortable lifestyle for our family. We don't have a sponsor and can't find somebody to sponsor us. Can we apply and just put in his W2's as the family's income? Do I really need to support/sponsor him since he is making more money than the average US income? Are there any loopholes so that we can avoid finding a sponsor? Thank you in advance for your responses.

[belinda63 3,039]

1. How did he enter the country? Specifically did he come with a visa or did he enter without inspection?

2. If he is here illegally he is working illegally. His income cannot be counted.

3. The USC must meet 125% of the house hold size in income from legal sources or a joint sponsor must be obtained who meets the requirements.

The answer to question #1 will determine how soon you will need to meet this income requirement.

[sagero 0]

1. How did he enter the country? Specifically did he come with a visa or did he enter without inspection?

2. If he is here illegally he is working illegally. His income cannot be counted.

3. The USC must meet 125% of the house hold size in income from legal sources or a joint sponsor must be obtained who meets the requirements.

The answer to question #1 will determine how soon you will need to meet this income requirement.

Belinda,

He entered the country lawfully in June 2005 and overstayed his H2B visa. So he is working with a SSN, paying taxes, he is just out of status. I should have explained that from the beginning.

I just found an exemption from filing I864 info:

Immigrants who are exempt include those who have either:

• worked for 40 Social Security "quarters" (also referred to as having earned 40 "credits") in the U.S. (approximately ten years, depending in part on earnings level for each year in question

I believe he meets this requirement, he's been working without a gap since June 2005 meeting the earnings levels. I just don't know how to go about it - as in how to prove it or to get that info from the Social Security Administration, any suggestions from anybody? Or I may need to start another topic for this...

[KayDeeCee 4,893]

His H2B visa expire, so he is not working here legally. He has overstayed his work visa. Just because he has an SSN does not make him eligible to lawfully be working. His income cannot be used if it is not from legal work. Since he has not been working legally, I do not think he is eligible to bypass the I-864 sponsorship requirement. How long has he been out of status?

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Boiler 45,730]

If he has 40 quarters he does not need to be sponsored.

[KayDeeCee 4,893]

If he has 40 quarters he does not need to be sponsored.

You are correct. Just looked it up. Work doesn't need to be authorized to get SSA credits. Good to know.