Using intending immigrant income

[Pro9]

This is straight from the instructions

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

If the intending immigrant is another relative, there are two requirements:
1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and 

2. The intending immigrant must currently live with you in your residence. 

Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

[azblk]

This is straight from the instructions

Can the Intending Immigrant Help Me Meet the Income Requirements?

If certain conditions are met, an intending immigrant’s income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

If the intending immigrant is another relative, there are two requirements:
1. The income must be continuing from the same source after he or she obtains lawful permanent resident status; and 

2. The intending immigrant must currently live with you in your residence. 

Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.

somewhere on i-864 form it asks for last 3 years of income, Maybe thats what your lawyer was thinking about when he said you needed to work for 3 years.

[Pro9]

somewhere on i-864 form it asks for last 3 years of income, Maybe thats what your lawyer was thinking about when he said you needed to work for 3 years.

Can you please attach the part from the instructions that says I have to work for the last 3 years I may can't see it on the instructions

I only see tax return for the most recent 3 years
The last year required
The other 2 years optional

[azblk]

Can you please attach the part from the instructions that says I have to work for the last 3 years I may can't see it on the instructions

I only see tax return for the most recent 3 years
The last year required
The other 2 years optional

look at form i-864. questions 18.a, 19.a,19.b and 19.c. They are about last 3 years of income and taxes. My personal take is if your spouse can provide those numbers and returns, the fact that the spouse is unemployed at this moment should not be gating.

The purpose of the i-864 is to gauge the likelihood that you will end up a public charge and they do this by looking at the past as an indication of the future. If your spouse has consistently worked and earned a living as evidenced by filing taxes then being unemployed at the moment should not be an issue since you make more than enough. On the other hand if the spouse has not been consistently employed it might become an issue.

What you should do is have your spouse file the i-864 including your income regardless of what your lawyer says. The worst that can happen is you will get an RFE on income. In the meantime keep looking for a joint sponsor.

[Pro9]

Here's the documents me and my spouse planning to submit in my next hearing date

I-485 Application for Adjustment of Status (Concurrent filing with I-130)

To whom it may concern:

Please kindly find enclosed the form I-485 and supporting documents. My eligibility is based on concurrent filing of I-130 (Petition for Alien Relative) by my U.S citizen spouse,The contents are as follows:

1-Form I-485, Application to Adjust Status
2-Copy of ASC biometric letter for i485
3-Copy of I 485 receipt notice
4-Copy of Beneficiary’s Birth Certificate
5-Two passport size photos
6-I-693 Filled out by civil surgeon. (sealed)
7-Certified Copy of Marriage Certificate
8- Copy of Beneficiary’s Electronic I-94
9-Photocopy of passport biographical details page
10-Copy of Beneficiary’s B2 visa
11- Copy of Beneficiary’s Divorce Decrees
12-form i 864 affidavit of support
13- letter for self employed
14-letter of petition not required to file taxes
15-letter of beneficiary not required to file taxes
16-most recent pay statements
17-most recent bank statement
18- Copy of Beneficiary’s car registration
19-Copy of Beneficiary’s car insurance
20-certified letter of cash in saving account
21- Copy of Beneficiary’s EAD
22-Copy of Beneficiary’s SSN
23-Copy of Beneficiary’s Driver License
24-G-325A, Biographic Information Filed by Beneficiary
25-G-325A, Biographic Information Filed by Petitioner.


Thank you for your consideration of the above application. Please do not hesitate to contact us if you have any questions regarding this application.

Sincerely,