Sponsor/spouse on i864 will become unemployed, help with our options?

[LLL]

Adjustment of status application via marriage to USC/spouse from H1B status.

When we applied in 2019, he was my sponsor on the I-864 form. We had both of our income on there. My income is from my H1B company.

Our application is at the "interview is ready to be scheduled" stage.

Question is, when the interview rolls around, he (sponsor) will be unemployed/going full time to professional school. My income alone will be sufficient to satisfy the requirement.

1. Can my income (beneficiary) be used? If so, do I need any proof, if so what kinds of proof.

2. IF my income CANNOT be used, can his school loan be used as "income"?

3. IF we find a co-sponsor, i.e. his parents, is the income minimum calculated based on 4? (as in his parents and us two) or 3 (his parents and me only).



Appreciate your help!!

[newacct]

Yes, your income can be used if you are working legally in the US (you are) and the income can continue after you immigrate (which it can as you are working in the US). He would probably need to complete a new I-864, with his own income (Part 6 #7) being 0, and your income under "Person 1" (Part 6 #10), which adds into his household income (Part 6 #20). You do not need to fill out an I-864A; you check the box in Part 6 #22. You would need to attach evidence of your H1b status to show that you are working legally.

[LLL]

newacct

Thank you for your response. That's certainly what we prefer to hear.... There seems to have some contraindications surrounding this topic, and if you or anyone could shed on definitive yay or nay on this we would appreciate it (we did everything by ourselves so no lawyer to turn to unfortunately).

In this previous thread included below, someone quoted that the spouse/beneficiary income can be included "ONLY if it will continue from the same source after he or she obtains lawful permanent resident status". Which, if anyone's been through this, and can comment on how one can prove the continual nature of a job.

https://www.immihelp.com/forum/adjustment-of-status-i-485/723591-rfe-for-i-485-showed-beneficiary-s-income-as-household-income-petitioner-unemployed

Thank you! We just want to know our options and prepare for the worst.