Using immigrant's income for i-864

[SFmoose 0]

Hi folks. So here's the situation:

We applied for AOS using my wife's income (she is the USC and earns enough). We are just waiting on the interview date now. However, she's had a job offer that she really wants to go for, which would be less money - initially, probably not enough to sponsor me. I've just got my EAD authorisation card through, so I'm job hunting at present. So my question is:

Is it theoretically possible to use my earnings from any job that I get now, to supplement her reduced income for when we go to the interview?

Thanks for any help.

[JessDak 27]

I think so. Since the whole idea behind having a sponsor is to prove that you won't go on food stamps (or any other government funded aid like that). So having your own job would definitely help.

I do want to follow this topic though, hopefully somebody who knows for sure will respond. My fiancee is dying to leave her job (she absolutely hates it) so it would be amazing to tell her that she can quit after I get my EAD and job.

[SFmoose 0]

  On 5/24/2016 at 6:21 PM, JessDak said:

dying to leave her job (she absolutely hates it) so it would be amazing to tell her that she can quit after I get my EAD and job.

Same here.

[SFmoose 0]

Bump?

[Transborderwife 4,666]

No. Your employment is dependent on your spouse sponsoring you. Your earnings are conditional so they can't count.

[newacct 688]

  On 5/26/2016 at 9:25 PM, Transborderwife said:

No. Your employment is dependent on your spouse sponsoring you. Your earnings are conditional so they can't count.

But why shouldn't it, logically? The Affidavit of Support only applies if they immigrate anyway. And in the case that they immigrate, they will continue to be authorized to work indefinitely. If they don't immigrate, then this Affidavit of Support does not apply, so that case does not have to be considered. I don't know how USCIS actually adjudicates it, but I feel like logically it should count.

[Transborderwife 4,666]

  On 5/26/2016 at 10:57 PM, newacct said:

But why shouldn't it, logically? The Affidavit of Support only applies if they immigrate anyway. And in the case that they immigrate, they will continue to be authorized to work indefinitely. If they don't immigrate, then this Affidavit of Support does not apply, so that case does not have to be considered. I don't know how USCIS actually adjudicates it, but I feel like logically it should count.

Unfortunately USCIS isn't always logical? I absolutely agree with you but thems the breaks I guess

[Villanelle 4,122]

I disagree.

Basically what happens is you submitted the 864 with the AOS packet. On it you met the financial obligations when it was filed. Theoretically if something changes you are suppose to notify them. (Ive never heard of anyone getting in trouble for not though). So if you dont notify them they will assume your 864 is the same at the time they approve you. Sometimes it takes so long to be processed they ask for a 'new' 864. This often happens during tax season where they may have the old returns and want the new ones. Or if youve been processing for over 1 year.

On this new 864 whether you present to them or they ask for it- it has spaces for both immigrants income and USC/LPR sponsor income. It states the immigrants income can not be used unless it will continue (this refers mainly to international income) But for US income you are earning with your EAD you can include it. If you were a student and could work and were adjusting or on a work visa and adjusting you can use the income (as long as it will continue after change of status) as well.

So in the above situation the wife could take a lower paying job and the husband can get a job with his EAD and combined they will have enough income. The final decision though as always rests on the Officer adjudicating it. They could decide the job is new (since it would be if it was gotten after the EAD was issued) and that its not stable enough to count. Depends on the job, the person, and the specifics.

[KayDeeCee 4,896]

If the income is from legally authorized employment, and will continue from the same source once the intending immigrant becomes a permanent resident, then it can be used.

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Item Number 3. - 17. Current Annual Household Income.
...
2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after
obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living
in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children.

https://www.law.cornell.edu/cfr/text/8/213a.1

Household income means the income used to determine whether the sponsor meets the minimum income requirements under sections 213A(f)(1)(E), 213A(f)(3), or 213A(f)(5) of the Act. It includes the income of the sponsor, and of the sponsor's spouse and any other person included in determining the sponsor's household size, if the spouse or other person is at least 18 years old and has signed the form designated by USCIS for this purpose, on behalf of the sponsor and intending immigrants. The “household income” may not, however, include the income of an intending immigrant, unless the intending immigrant is either the sponsor's spouse or has the same principal residence as the sponsor and the preponderance of the evidence shows that the intending immigrant's income results from the intending immigrant's lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after he or she acquires permanent resident status. The prospect of employment in the United States that has not yet actually begun will not be sufficient to meet this requirement.