My spouse lost her job and is on unemployment, will her income from Unemployment be used? Or my income

[mnewportland 9]

Hi Everyone, 

 

We filed for AOS back in June 2019. I wasn't allowed to work at the time but two month later my EAD got approved and I've been working for 2 years now using that EAD card that I got. My wife, who's sponsoring me lost her job last year though due to COVID and has been receiving unemployment benefits ever since. I'm working with an income around $45,000 myself as well. 

 

It took over 2 years for USCIS to schedule our interview and now we finally have an interview coming in September. Will USCIS ask about my wife's unemployment? Her income from unemployment is still more that the required amount of I-864. And will they count my income as well? "The intending immigrant" since I have been lawfully employed for two years and I'm of course part of my wife's household? I'm only worried because I got this job using my EAD which was approved based on the pending i-485 application itself. 

 

Has anyone experienced anything like this? Your input would be so appreciated! 
Thanks a lot

[Sagior 15]

Income from unemployment considered income except the Federal stimulus she received.

[mnewportland 9]

16 minutes ago, Sagior said:

Income from unemployment considered income except the Federal stimulus she received.

Thanks a lot for your reply. Currently she's getting about 300$ weekly + 300$ extra that might be that stimulus, I'm not sure. If we don't count that extra amount maybe she still wouldn't make enough. 

I make over $45K myself and we live in the same household. Do you have any idea whether USCIS will count my income or not? The only thing is that my income is through my work authorization which I got based on the same pending i-485 so this might complicate things. I don't know.

[Sagior 15]

Yes, They will estimate the total income of both of you and you will not have any problem.

The $300 it is stimulus not reported to IRS.

[mnewportland 9]

On 8/25/2021 at 6:34 AM, Sagior said:

Yes, They will estimate the total income of both of you and you will not have any problem.

The $300 it is stimulus not reported to IRS.

Thank you so much! I really hope this doesn't cause us any problems.. It'd be devastating if we don't get approved just because of that!! 

So should we count the $600 weekly in the form, and leave it to the officer to either count it all or reduce it to $300 weekly? I make over $45K myself and we have cash in the bank of over $50K. We're hoping this all could help but we can't guarantee it. I know it might not even be brought up in the interview but we're trying to be prepared just in case it is. 

 

Thank you so much again for your input and help!

[Sagior 15]

1 hour ago, mnewportland said:

Thank you so much! I really hope this doesn't cause us any problems.. It'd be devastating if we don't get approved just because of that!! 

So should we count the $600 weekly in the form, and leave it to the officer to either count it all or reduce it to $300 weekly? I make over $45K myself and we have cash in the bank of over $50K. We're hoping this all could help but we can't guarantee it. I know it might not even be brought up in the interview but we're trying to be prepared just in case it is. 

 

Thank you so much again for your input and help!

As far I know, you have to report the last three years of your income, So, use the amount you reported to IRS, but do not worry, you make over enough money. Between the two of you your $60.000 income  is way over the poverty line. Sleep well.

[mnewportland 9]

On 8/26/2021 at 1:25 PM, Sagior said:

As far I know, you have to report the last three years of your income, So, use the amount you reported to IRS, but do not worry, you make over enough money. Between the two of you your $60.000 income  is way over the poverty line. Sleep well.

Thank you so much for your very comforting reply! I did ask a few attorneys who confirmed that my wife's unemployment income should be counted and that my income as well should technically be counted. I'm only worried because another attorney has strongly advised us to get a joint-sponsor because it's the safest option and otherwise it'll be up to the discretion of the interviewing officer whether to accept my income or not; in which case they'd send us a RFE to get a joint-sponsor and delay the case even longer. I will hope that they'll accept our I-864 if they ask for an updated one, and we're trying to have a joint-sponsor form as well just in case.. Our interview is in September and we'll update everyone here as well. 

 

Thank you so much for your reply and help again