I-864 low income , what are my options please help

[Gcapplicant2019]

Hello,I’m lawful permanent resident and my income is way less than the 125% poverty guidelines ,but my husband income is more than the required income, can I petition him and using his income. If anyone did this before, please help.

[newacct]

Yes, his income can be counted in your household income on your I-864.

[Johnny6751]

Hi, you gotta be very careful so that you don't get denied.

First at all, you're a lawful permanent resident, is your husband out of status or does he have lawful status here in the USA? Remember, if you have a green card and you're trying to sponsor him, he must have lawful status in the USA, otherwise his I-485 will be denied on the spot and he'll be ask to leave the country within 30 days. Which will cause your I-130 and all other forms to be denied.

The only instance in which you can use his income is if he has lawful status in the USA. Having that said, his income must be derived from "lawful employment in the United States or from some other lawful source that will continue to be available to him after he acquires permanent resident status." This means that since he's residing in this country he must currently be working with USCIS employment authorization.

If he's out of status, DO NOT petition for him, only until you've become a USA citizen.

If he's got lawful status and his income is above the 125% poverty line levels then yes!

[Gcapplicant2019]

Hello, thank you both for your reply, my husband is here on h1b visa ,so he is legally working with a good salary, but what could be a proof that he will continue to earn the same after obtaining the GC, is it enough to send his contract and pay stub for the last 6 months?

[Tootie]

You can file for your husband without any concern . My wife is US citizen and she don't have enough income for sponsor me . So we filed as joint sponsor and my income count as household income . I'm also on H1B . Don't file by yourself . Please hire attorney .