Need urgent help! AOS overstay

[Twistedfate91 0]

Hello everyone,

 

Here is a quick little background on my issue:

 

I'm a visa overstay, I arrived into the country legally in 1996 with my parents and was inspected and have my i-94 record. Fast forward to today I'm 28 and have now been married to my US citizen wife for around 4 months. I'm doing a concurrent filling and have our i-130, i130a. i-485, and i-765 ready to go.

 

My issue arises with my i-864 im not sure if i should include my income here or not since im currently working without proper authorization. My wife makes enough to cover the poverty line requirements, but I'm not sure what to do as far as my income because i told the truth on my other forms and listed my current employer and answered yes to if i have worked without proper authorization and included and explanation. Can someone please advise me? Thank you.

Edited April 24, 2019 by Twistedfate91

[Just Paul 4,595]

Tell the truth on everything.   One misrepresentation will kill the whole thing.  

[Twistedfate91 0]

Just now, Paul & Mary said:

Tell the truth on everything.   One misrepresentation will kill the whole thing.  

I completely agree, but my question is specifically on the I-864 and my income. I have read that you cannot include income from work done without proper authorization. So this is my dilemma. 

[Just Paul 4,595]

Usually only the petitioner files the I-864.   I'll have to check the instructions when I'm not on the road.  

[Twistedfate91 0]

Just now, Paul & Mary said:

Usually only the petitioner files the I-864.   I'll have to check the instructions when I'm not on the road.  

There is a section for the intending immigrant as well, but everything I read online says you cannot include income earned while working unauthorized 

[George & Roth 1,485]

I read this with the source below:

"To count the intending immigrant’s income, he or she must either be residing with the sponsor or be the sponsor’s spouse. But in all circumstances the intending immigrant’s income must be derived from “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.” 8 CFR § 213a.1. USCIS clarified that this means “authorized employment,” or that performed while the worker had an employment authorization document."

 

 

https://cliniclegal.org/resources/calculating-income-affidavit-support

 

[Twistedfate91 0]

4 minutes ago, George & Roth said:

I read this with the source below:

"To count the intending immigrant’s income, he or she must either be residing with the sponsor or be the sponsor’s spouse. But in all circumstances the intending immigrant’s income must be derived from “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.” 8 CFR § 213a.1. USCIS clarified that this means “authorized employment,” or that performed while the worker had an employment authorization document."

 

 

https://cliniclegal.org/resources/calculating-income-affidavit-support

 

This is exactly what I saw as well. I live with my wife, but currently working without authorization. So I'm assuming I should not include this income?

[Just Paul 4,595]

On the Petitioner's I864 you can list beneficiary's assets but I don't see a place to list income of the beneficiary.   You would not do a I864 for yourself, the beneficiary.

[JFH 12,191]

The biggest issue will be whether you falsely claimed to be a USC in order to take up the employment. 

[Twistedfate91 0]

1 minute ago, JFH said:

The biggest issue will be whether you falsely claimed to be a USC in order to take up the employment. 

My employer did not make me fill out an i-9 it's a local small business. So I had no opportunity to do so and I would never do that as I'm well aware of the consequences.

[George & Roth 1,485]

2 minutes ago, Paul & Mary said:

On the Petitioner's I864 you can list beneficiary's assets but I don't see a place to list income of the beneficiary.   You would not do a I864 for yourself, the beneficiary.

https://www.uscis.gov/system/files_force/files/form/i-864.pdf?download=1

 

Part 6 says "including the intended immigrant" but not sure the circumstances behind that

[Ben&Zian 4,398]

[Just Paul 4,595]

15 minutes ago, George & Roth said:

Part 6 says "including the intended immigrant" but not sure the circumstances behind that

My read has always been that is for a Dual Intent Visa or Authorized work Visa or even F1-OPT.

 

OP cannot include us income in the household income.   He "Could" explain it in the Additional Information.

Edited April 24, 2019 by Paul & Mary

[Twistedfate91 0]

1 minute ago, Ben&Zian said:

Does this emoji shaking it's head from left to right indicating "no" mean that I should not include my income?

[JFH 12,191]

42 minutes ago, Twistedfate91 said:

Does this emoji shaking it's head from left to right indicating "no" mean that I should not include my income?

Indeed - because it’s from an illegal source.