Can I add my income (intended Immigrant on EAD) to my spouse's to meet I-864 requirement)

[Back2Reality 55]

Hi, 

During the AOS interview, the officer said my wife's income isn't enough and the assets she used isn't valid. I am currently working full-time using my EAD, and I was wondering if we can re-submit the form with both our incomes? We got married in March and just recently got our own place.

 

Also, during the interview I asked the officer the same question, and she said I can't because I am the beneficiary; however, I read the form instruction's like 100 times and it mentions that we can add our income, so I am not sure if I wasn't clear enough with my question or if the officer is wrong.

 

We haven't filled tax together yet, but we do live together (share rent), and have a insurance (life and health together) and my wife is my dependent. 

[EG&XY 144]

1 minute ago, ahas44 said:

Hi, 

During the AOS interview, the officer said my wife's income isn't enough and the assets she used isn't valid. I am currently working full-time using my EAD, and I was wondering if we can re-submit the form with both our incomes? We got married in March and just recently got our own place.

 

Also, during the interview I asked the officer the same question, and she said I can't because I am the beneficiary; however, I read the form instruction's like 100 times and it mentions that we can add our income, so I am not sure if I wasn't clear enough with my question or if the officer is wrong.

 

We haven't filled tax together yet, but we do live together (share rent), and have a insurance (life and health together) and my wife is my dependent. 

No, the benefitiary’s income doesn’t count. I believe that you are thinking of cases where the petitioner or cosponsor is married and their spouse is not the benefitiary. In those cases the souuse’s income can be counted.

[Coco8 1,042]

Only US citizens or permanent residents can fill in that form. You should ask your wife if someone in her family can help out.

[azblk 338]

17 hours ago, EG&XY said:

No, the benefitiary’s income doesn’t count. I believe that you are thinking of cases where the petitioner or cosponsor is married and their spouse is not the benefitiary. In those cases the souuse’s income can be counted.

This is not correct. The beneficiaries income can be used increase the household income as long as the live in the same household, income will continue from same source after green card and it was legally earned .

[azblk 338]

18 hours ago, ahas44 said:

Hi, 

During the AOS interview, the officer said my wife's income isn't enough and the assets she used isn't valid. I am currently working full-time using my EAD, and I was wondering if we can re-submit the form with both our incomes? We got married in March and just recently got our own place.

 

Also, during the interview I asked the officer the same question, and she said I can't because I am the beneficiary; however, I read the form instruction's like 100 times and it mentions that we can add our income, so I am not sure if I wasn't clear enough with my question or if the officer is wrong.

 

We haven't filled tax together yet, but we do live together (share rent), and have a insurance (life and health together) and my wife is my dependent. 

Yes you can. It might be easier to find a co sponsor than argue with uscis officer back and forth but the law allows the beneficiary to add their income as long as it was legally earned, will continue from same source after green card and you live together.

[geowrian 22,337]

You're technically allowed to include the spouse beneficiary's income with the petitioner's household income in some circumstances. That said, that doesn't necessarily mean the IO will change their determination about becoming a public charge. Getting a joint sponsor, if possible, would be the path of least resistance IMO.