Using foreign spouse's income on I-864

[littlechewy 0]

Hey guys, I am the foreign spouse. My husband is USC. We are in the process of concurrently filing for I-485 and I-130.

I have a question regarding the household income on the form I-864, Affidavit of Support. Per instruction, it is stated that if we count the intending immigrant's income towards the household income, that income must continue from the same source after becoming a lawful permanent resident. So that means I must be employed by the same company before and after immigration.

So my question is if we do put down my income on the form, so then HOW LONG do I have to stay employed with that company after I become a permanent resident? Is it like FOREVER? Or more like until I gain citizenship? Or until my condition is removed? Anybody has an idea?

My husband met the income requirement for 2 years but one of the years he made just a little bit under. My income is above the poverty line so I thought it is helpful to include it as an evidence that I can support myself financially. I've been with this company for about 6 months FYI.

Reason I ask because I might change the job after I get the green card as I can get a different job which possibly makes 2x or 3x my income right now. I just don't know if I will get into trouble for that. If I do include my income on the form, then after I get my green card, then what if 6 months or a year later I do change job, will my green card be revoked or something like that??

I quite don't understand why they require that. As long as I am making money legally, that's all that should matter in my opinion but who knows.

Please any input is appreciated.

[KayDeeCee 4,893]

If you are working legally and your income will continue after you get your green card, then you can include it. You will have to show you will continue to be employed from now until that time with no gaps. Perhaps a letter from your employer that states you are in a permanent position and will remain gainfully employed plus your salary will work.

Is your husband self-employed? You mention he did not have enough for one of the past 3 years. What is he currently making? If he is self-employed, his current income will be line 22 of his 2011 1040 form. If he is an employee, then his current income will be what he is earning now, not what he earned in the past 3 years.

[jac_chappin 24]

I could be wrong but only the income of the petitioner counts as he/she will have to support the person immigrating to US. If income of petitioner doesn't meet above poverty requirements a co-signer will be required. I hope this helps! Other feel free to chime in here!

[Anh map 2,098]

I could be wrong but only the income of the petitioner counts as he/she will have to support the person immigrating to US. If income of petitioner doesn't meet above poverty requirements a co-signer will be required. I hope this helps! Other feel free to chime in here!

That is incorrect. The immigrant's income can be used on the I-864 if it will continue.