Sponsor no job, Intending Immigrant employed

[jamieson 5]

Hi, my USC wife is my sponsor. We just moved because I got a job earning $50k. My wife is looking for a job. We are a household of 2. If we are called for an interview and she doesnt have a job, do we need a joint sponsor, or will my income be enough? Thanks.

[geowrian 22,338]

Depends if you meet the requirements to have your income considered. Do you have a valid work authorization for the work you are doing, and is it likely that the work will continue from the same source upon being granted a green card? If so, it may be included on your wife's I-864 as part of the household income. The IO makes the final call on the public charge concern.

 

Did you already file for AOS? The I-864 from your wife (plus a joint sponsor, if any) would have needed to be sent with the I-485. Generally they don't ask for a new one if the one previously presented is sufficient. They certainly can and have done so, but it's not the norm to ask for a new I-864 without cause.

[jamieson 5]

19 minutes ago, geowrian said:

Depends if you meet the requirements to have your income considered. Do you have a valid work authorization for the work you are doing, and is it likely that the work will continue from the same source upon being granted a green card? If so, it may be included on your wife's I-864 as part of the household income. The IO makes the final call on the public charge concern.

 

Did you already file for AOS? The I-864 from your wife (plus a joint sponsor, if any) would have needed to be sent with the I-485. Generally they don't ask for a new one if the one previously presented is sufficient. They certainly can and have done so, but it's not the norm to ask for a new I-864 without cause.

The AOS has already been filed last year. Yes, I am working on the EAD that we received with the I-485 petition. My wife had sufficient income then. We moved because my incom would now be higher and she is actively looking a job.

 

What does that mean that my income will continue after getting the green card as I intend to work for this new place for a long time. Do I need a letter or something from my new employer for that?

 

Is a new I-864 necessary at all?

[geowrian 22,338]

A new I-864 is not necessary unless requested. I would suggest having one ready to show in case the IO wants one, but it is not the norm to require a new one.

 

Income earned while on the AOS-based EAD can be considered. Pay stubs and an employment letter would be suggested to show current income, a stable history, and that your employment is not intended to be temporary. Nobody knows if one will have a job tomorrow or not, but the point is that there's nothing limiting them from continuing the same employment upon earning a green card. This issue here is usually related to either a) unauthorized work (not your case), or 2) work obtained while on certain statuses that will no longer qualify for the work for the foreseeable future (e.g. some student-based employment comes to mind).

[jamieson 5]

54 minutes ago, geowrian said:

A new I-864 is not necessary unless requested. I would suggest having one ready to show in case the IO wants one, but it is not the norm to require a new one.

 

Income earned while on the AOS-based EAD can be considered. Pay stubs and an employment letter would be suggested to show current income, a stable history, and that your employment is not intended to be temporary. Nobody knows if one will have a job tomorrow or not, but the point is that there's nothing limiting them from continuing the same employment upon earning a green card. This issue here is usually related to either a) unauthorized work (not your case), or 2) work obtained while on certain statuses that will no longer qualify for the work for the foreseeable future (e.g. some student-based employment comes to mind).

Thank you, that is very insightful!

[NancyLyz 58]

As long as USCIS doesn't ask for an RFE (something like new proof of income), then it's fine. But if you're adjusting thru marriage, I don't think you can use your income as proof to begin with. Let's say just in case they ask for more, find a family member or a friend who is a US citizen to be the sponsor may be a better idea. 

[Villanelle 4,122]

1 hour ago, NancyLyz said:

As long as USCIS doesn't ask for an RFE (something like new proof of income), then it's fine. But if you're adjusting thru marriage, I don't think you can use your income as proof to begin with. Let's say just in case they ask for more, find a family member or a friend who is a US citizen to be the sponsor may be a better idea. 

If youre adjusting through marriage you can use your income. Geowrain outlined it above.