Questions about Affidavit of Support

[tindera 2]

Info: applying for AOS from F1, my husband is my sponsor, we are newlyweds. My husband just started his job last June and he was never required to file a Federal Income tax return

Questions:

1. What documents can we provide with form i-864? Besides a written letter explaining why he wasn't required to file for tax as instructed on USCIS website. Can we also provide his employment letter? or paystubs?

2. In the USCIS website they say that the affidavit of support lasts until I'm a US citizen? Can I just confirm that? I thought it only last until I get approved for a greencard and can legally get a job?

3. I'm going to ask my Aunt to be our joint sponsor she lives alone, does she fall under the household size of two? Her plus the immigrant she's sponsoring? is that correct?

I just want to confirm if I'm understanding correctly

Also how would they check for annual income without the tax return of my husband? especially since he just started more than a month ago? We'll be moving in an apartment in a few days just the two of us so I know he needs to earn 1, 700/month to qualify. With his hourly wage, he would be able to meet the income requirements if he works 40 hours but the problem is he's only been reaching a maximum of 30 hours a week, at least until August. With his employment letter though, it says there that he's working 40+ hours a week. Is there going to be an issue here? Please let me know

[EM_Vandaveer 2,417]

~ Moved from "Adjustment of Status from Family based visas" to "Adjustment of Status from Work, Student and Tourist Visas" as OP is adjusting from F-1 ~

[Penguin_ie 5,997]

1. Yes, provide paystubs and a letter from the employer stating the job is long term and stable. When you have your interview (several months after you file), bring more paystubs

2. That is correct; until you are a US citizen, worked for ten years full time and paid taxes, leave the country and give back your greencard, or die.

3. Correct, household size of two unless she claimed others on her taxes (such as an adult child or elderly family member).

They check by looking at paystubs, and may also call the employer to verify. It sounds like your husband is not getting the hours he is promised in his contract, which is an employment law issue, but USCIS goes by income, not by hours stated.

[tindera 2]

1. Yes, provide paystubs and a letter from the employer stating the job is long term and stable. When you have your interview (several months after you file), bring more paystubs

2. That is correct; until you are a US citizen, worked for ten years full time and paid taxes, leave the country and give back your greencard, or die.

3. Correct, household size of two unless she claimed others on her taxes (such as an adult child or elderly family member).

They check by looking at paystubs, and may also call the employer to verify. It sounds like your husband is not getting the hours he is promised in his contract, which is an employment law issue, but USCIS goes by income, not by hours stated.

okay so does it mean that my husband has to keep his job until I'm a US citizen? even after I get a job? Because he's planning to go back to school next year once I have a job of my own and after we save up? We are getting a joint sponsor tho so would that matter?

[aaron2020 11,651]

okay so does it mean that my husband has to keep his job until I'm a US citizen? No, he only has to keep it until you get a green card unless you have a Joint Sponsor. even after I get a job? Until you get a green card unless you have a JS. You getting a job on an EAD does not matter. You getting a green card or having a JS is what matters concerning him and his job. Because he's planning to go back to school next year once I have a job of my own and after we save up? Does not matter. Him going back to school has nothing to do with when you get a green card. We are getting a joint sponsor tho so would that matter? He can quit his job today as long as the JS qualifies.

[tindera 2]

thank you that clears things up