Can I use my own income on i-864, without tax returns?

[toaosornotto 1]

51 minutes ago, Boiler said:

Get a job?

How? I am on a J1 visa and my program ends in a few weeks and can only be extended if I get my EAD. Can I get a job on an EAD and use that income?

[Boiler 45,505]

21 minutes ago, toaosornotto said:

How? I am on a J1 visa and my program ends in a few weeks and can only be extended if I get my EAD. Can I get a job on an EAD and use that income?

Not you

 

My local Walmart starting wage is more than enough to sponsor one person.

[OldUser 6,662]

40 minutes ago, toaosornotto said:

How? I am on a J1 visa and my program ends in a few weeks and can only be extended if I get my EAD. Can I get a job on an EAD and use that income?

Forget about using income from J1 especially if it ends... EAD can take 6 months. I'm not sure you can adjust without joint sponsor.

[toaosornotto 1]

To use beneficiary's income, does the beneficiary need to reside with the petitioner?

[OldUser 6,662]

12 hours ago, toaosornotto said:

To use beneficiary's income, does the beneficiary need to reside with the petitioner?

I'd say it's practically impossible to get USCIS consider beneficiary income in this situation, when beneficiary's employment is about to end due to end of J1 program.

 

Using beneficiary's income typically works when somebody is on work visa (say H1B) with few extra years on it continuing working.

 

I'd forget about using beneficiary's income in this case.

 

Also, I assume this is a marriage case. Why do you live separately? That's a bigger issue compared to to anything else.

 

 

[toaosornotto 1]

1 hour ago, OldUser said:

I'd say it's practically impossible to get USCIS consider beneficiary income in this situation, when beneficiary's employment is about to end due to end of J1 program.

 

Using beneficiary's income typically works when somebody is on work visa (say H1B) with few extra years on it continuing working.

 

I'd forget about using beneficiary's income in this case.

 

Also, I assume this is a marriage case. Why do you live separately? That's a bigger issue compared to to anything else.

 

 

Wrong assumption. This is a child of USC parent case. I am doing a J1 program in the US so I live separately from my parent. My J1 sponsor wants to offer an official position separate from the J1 program. I will start working in this position when I get my EAD.

[OldUser 6,662]

17 minutes ago, toaosornotto said:

Wrong assumption. This is a child of USC parent case. I am doing a J1 program in the US so I live separately from my parent. My J1 sponsor wants to offer an official position separate from the J1 program. I will start working in this position when I get my EAD.

The sponsor doesn't have to live with beneficiary.

 

"I will start working in this position when I get my EAD."

 

^ this, in my understanding, is the key reason why you can't use your future income. Firstly you'll have a break in employment, secondly your employment is conditioned around receiving EAD.

 

As I mentioned earlier, if you had work independent of your AOS and income from it - then I'd say there would be a possibility of using this income. But even then USCIS can ask for joint sponsor.

 

What you're trying to do is not much different from somebody having no job saying they won't need a sponsor because they'll get a job once they get EAD / GC

Edited September 12 by OldUser

[OldUser 6,662]

22 minutes ago, toaosornotto said:

Wrong assumption. This is a child of USC parent case. I am doing a J1 program in the US so I live separately from my parent. My J1 sponsor wants to offer an official position separate from the J1 program. I will start working in this position when I get my EAD.

Bonus question... Are you eligible to adjust, as to do you have visa available based on latest visa bulletin?

[toaosornotto 1]

41 minutes ago, OldUser said:

What you're trying to do is not much different from somebody having no job saying they won't need a sponsor because they'll get a job once they get EAD / GC

Yeah, this makes sense to me now.

31 minutes ago, OldUser said:

Bonus question... Are you eligible to adjust, as to do you have visa available based on latest visa bulletin?

Yes, during my J1, DoS found me CSPA eligible and now I am IR2, minor child of USC.

[appleblossom 2,507]

22 hours ago, toaosornotto said:

Yeah, this makes sense to me now.

Yes, during my J1, DoS found me CSPA eligible and now I am IR2, minor child of USC.

 

Is your father ok with you doing AOS as it may well cause his own status to be jeopardised? Is he aware of that? Just wondering if you might be better off trying to get a work visa instead if you have an employer that is happy to sponsor you?