i864 immigrant income

[sparkles_ 456]

Quick questions guys,

We filed the AOS packet using my parents income as joint sponsors for the 864/864a. My husband, the immigrant, got his EAD in May of this year which is great. However, it looks like our interview for AOS may be in early 2017 where USCIS would ask us to resubmit some of the i864/a documents like my parent's w2 and tax returns.

If this happens, could my husband and I opt to use our incomes and give them a new i864/a for us only? I quit a job I hated shortly after he got his EAD to stay home with the kids and not shell out 60% of my income for childcare, but I will still have half a year of taxable income at filing. The total would be over the income limit if his income is able to be counted, too.

His income would continue from the same source, it is legal and taxable since he now has an EAD. But I hear mixed things about doing this, one being that he could if he had 40 quarters of work only, the other being that it is do-able now that he has an EAD, which we will file to extend early next year based on pending AOS.

Nothing is going on with our joint sponsor, they're ready to give whatever for next year, we just wanted to know if we were now able to sort of take that on ourselves? If our idea is just going to complicate things chime in with that as well. We aren't trying to do that either.

[Boiler 46,311]

Current income is what matters, you have none so none to count.

[sparkles_ 456]

Current income is what matters, you have none so none to count.

Got that much.....my main question was his income and if it can be counted since he now has an EAD? I've spent a few hours searching on the forums and no straight answer can be found. I don't even know if we should bother with all that unless asked and just leave it with my parents as the joint sponsor.

[EM_Vandaveer 2,417]

USCIS usually wants to see 6+ months at current job in order to take current income into account. Presumably your husband hasn't had his job for 6 months?

[sparkles_ 456]

USCIS usually wants to see 6+ months at current job in order to take current income into account. Presumably your husband hasn't had his job for 6 months?

He has been working for almost 7mo.. so yes. Our local office has a rep for being super slow, and takes 10-12mo typically for AOS

Edited November 5, 2016 by sparkles_

[EM_Vandaveer 2,417]

He has been working for almost 7mo.. so yes. Our local office has a rep for being super slow, and takes 10-12mo typically for AOS

In that case you can try to give them a new I-864, I suppose.

[sparkles_ 456]

In that case you can try to give them a new I-864, I suppose.

But do they always ask for one if another tax filing has passed during the time AOS was pending? I am thinking if they ask we may give it but if nothing is asked why risk confusion.