Can Intending immigrant switch job for equal or higher pay after EAD if his income used in I864? (merged topic)

[shanneykar 18]

Sorry if these are already answered.

Anyways, We have been living together for more than 2 years now and married an year ago. I am a legal immigrant on H1B [ valid till Apr 2016 and my employer will extend few more years if needed ] and my Wife is an US Citizen by birth. We finally decided to apply for a green card for me through family.

The issues we have are :

* She doesn't work for last couple of years. Can I show my income for meeting the requirements? What is the process if so? ANd will it be a problem if I switch employer after EAD for a equal or higher pay?

* Also regarding her employment, she did few jobs here and there but never made income that required her to pay tax. Should they be listed as she isn't sure.

* My father in law is ready to co sponsor. What are the documents needed from him and what is the process?

* She has had few temp address last 5 years but mostly stayed at her mom's house. So Can we just specify her mom's address for years before we met?

PS we don't want to falsify any details but just not sure of them

Thanks guys for taking your time to help us out.

[Anh map 2,098]

If your income is enough and will continue then you can self sponsor. See the instructions for the I-864 affidavit of support.

[shanneykar 18]

If your income is enough and will continue then you can self sponsor. See the instructions for the I-864 affidavit of support.

But the 864 Affidavit of support - Part 1, There is no related option for me to choose for "Basis for filing Affidavit of Support.

Every option requires petitioner to be a US Citizen, or a permanent resident or on national status

[arken 4,197]

Your wife will still be the sponsor and fill out form i864, however she will show your income in later section as income from intending immigrant in that form. Along with the form, need to submit your income proof and a employment verification from your current employer mentioning you will remain employed with them after getting GC for given annual salary like that...

Edited October 24, 2015 by arken

[Anh map 2,098]

What If I Cannot Meet the Income Requirements? If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following: 1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member; 2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident; 3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or 4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.) How Can My Relatives and Dependents Help Me Meet the Income Requirements? You may use the income of your spouse and/or any other relatives living in your residence if they are willing to be jointly responsible with you for the intending immigrant(s) you are sponsoring. If you have any unrelated dependents listed on your Federal income tax return you may include their income regardless of where they reside. The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of age when they sign the affidavit. Can the Intending Immigrant Help Me Meet the Income Requirements? If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements: 1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and 2. The intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children

Page 11 http://113.171.224.176/videoplayer/i-864instr.pdf?ich_u_r_i=9eea666f7593db6e2fdc25af5569bea9&ich_s_t_a_r_t=0&ich_e_n_d=0&ich_k_e_y=1545108924751663512400&ich_t_y_p_e=1&ich_d_i_s_k_i_d=9&ich_u_n_i_t=1

[shanneykar 18]

What If I Cannot Meet the Income Requirements? If your income alone is not sufficient to meet the requirement for your household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following: 1. Income from any relatives or dependents living in your household or dependents listed on your most recent Federal income tax return who signed Form I-864A, Contract Between Sponsor and Household Member; 2. Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident; 3. The value of your assets, the assets of any household member who has signed Form I-864A, or the assets of the intending immigrant(s); or 4. A joint sponsor whose income and/or assets equal at least 125 percent of the Federal Poverty Guidelines. (See the What Is a Joint Sponsor section of these Instructions for more information.) How Can My Relatives and Dependents Help Me Meet the Income Requirements? You may use the income of your spouse and/or any other relatives living in your residence if they are willing to be jointly responsible with you for the intending immigrant(s) you are sponsoring. If you have any unrelated dependents listed on your Federal income tax return you may include their income regardless of where they reside. The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of age when they sign the affidavit. Can the Intending Immigrant Help Me Meet the Income Requirements? If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements: 1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and 2. The intending immigrant must currently live with you in your residence. Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children

Page 11 http://113.171.224.176/videoplayer/i-864instr.pdf?ich_u_r_i=9eea666f7593db6e2fdc25af5569bea9&ich_s_t_a_r_t=0&ich_e_n_d=0&ich_k_e_y=1545108924751663512400&ich_t_y_p_e=1&ich_d_i_s_k_i_d=9&ich_u_n_i_t=1

Thanks. Except I am concerned about the " it must continue from the same source after he or she becomes a lawful permanent residen".

Once I get EAD I might change my employer. The salary will be equal or higher. Will that be a problem?

[shanneykar 18]

Hi there,

For I864 below is what I am planning.

I will file I130, I485, I131 and I765 concurrently for AOS.

My wife (a USC) is unemployed. I (intending immigrant) have been in US on H1B visa since Aug 2012. Recently on May 2015 changed to a new company after 6 years in previous company.

On the I864, therefore, my income will be used to establish whether our household income was above the poverty line. I will submit the I864 with 6 months of my paystubs, my FY 2012/13/14 tax returns and my FY 2012/13/14 W2 forms.

Hypothetical question:

If I receive my EAD card before I am interviewed and between receiving the card/going for AOS interview, I change job:

1. Do I have to resubmit an I864?
2. If not, what do I need to bring to the AOS interview (letter of new employement? New company paystubs?)
3. Can I even do this?

Thanks a lot and we are really confused.

[Pitaya 2,577]

~moved from Fam.-based AOS to WorkST-based AOS Forum~

~adjusting from Work visa~

~same/similar threads merged, no need to start new posts, continue same thread~

Edited October 25, 2015 by Pitaya