Income Requirement for AOS

[immquestion]

Hi, my spouse is here on an F1 visa since 2017 and I am a US citizen. I was not working for the whole 2019. My spouse was working on campus and our joint tax return for 2019 was $26,000.

For 2020 I just worked for two months and my spouse on F1 visa is working on campus. Our income Joint income for 2020 is more $28,000.


Can I apply for my spouse AOS under these condition. will my spouse income be counted to meet the income requirement.

if anyone know of the similar case, Please let me know thanks.

[newacct]

Current income is the most important. Are you working right now? What is your salary right now? Is your spouse working right now? What is his/her salary right now? Your spouse's income can be counted in your household income for your I-864.

[immquestion]

Current income is the most important. Are you working right now? What is your salary right now? Is your spouse working right now? What is his/her salary right now? Your spouse's income can be counted in your household income for your I-864.

I was working but layoff last month. I worked for two months as a medical scribe. my spouse is working. and he has made more than $24,000 for 2020 so far.


are you sure that his income can be counted?

someone told us that his income cannot be counted as he is the beneficiary.

[newacct]

The intending immigrant's income can be counted if the intending immigrant is the your spouse or residing in the same household as you, and the intending immigrant is working legally in the US. He does not need to complete I-864A for his income to be counted on your I-864.

[immquestion]

what is I-864A? for what purpose it is used.

[newacct]

If a sponsor needs to include a household member's income (to add to the sponsor's own income) to reach a sufficient household income, then that household member usually needs to fill out I-864A. However, when the household member is the intending immigrant, they do not need to fill out I-864A, unless there is a derivative beneficiary.

Since you are not working right now, your current individual income (Part 6 #7) is 0. Your spouse's information and current income (i.e. the salary rate right now, not what they earned in the past) would be filled in in "Person 1" in Part 6 #8-10. Part 6 #7 and #10 would add to Part 6 #20, your current household income, which should equal your spouse's current income. You would check the box in Part 6 #22 as your spouse does not need to fill out I-864A since he is the intending immigrant. You would need to attach proof of your spouse's work authorization, and proof of your spouse's current income.

[immquestion]

If a sponsor needs to include a household member's income (to add to the sponsor's own income) to reach a sufficient household income, then that household member usually needs to fill out I-864A. However, when the household member is the intending immigrant, they do not need to fill out I-864A, unless there is a derivative beneficiary.

Since you are not working right now, your current individual income (Part 6 #7) is 0. Your spouse's information and current income (i.e. the salary rate right now, not what they earned in the past) would be filled in in "Person 1" in Part 6 #8-10. Part 6 #7 and #10 would add to Part 6 #20, your current household income, which should equal your spouse's current income. You would check the box in Part 6 #22 as your spouse does not need to fill out I-864A since he is the intending immigrant. You would need to attach proof of your spouse's work authorization, and proof of your spouse's current income.

thanks what could be the proof of work authorization of F1 visa holder.

[newacct]

thanks what could be the proof of work authorization of F1 visa holder.

Probably the same evidence he would use to get an SSN. If he is not on CPT or OPT and he is just working on campus, probably a letter from the school's international student officer and a letter from his employer.

[verbose]

Also, the minimum income you would need for a 2 person household would be $21,550 (125% the poverty level) - per https://aspe.hhs.gov/poverty-guidelines
If you have any additional assets, bank accounts, etc, you can add them also.

[immquestion]

Probably the same evidence he would use to get an SSN. If he is not on CPT or OPT and he is just working on campus, probably a letter from the school's international student officer and a letter from his employer.

He has the offer letter for each semester, will that work.

[immquestion]

Also, the minimum income you would need for a 2 person household would be $21,550 (125% the poverty level) - per https://aspe.hhs.gov/poverty-guidelines
If you have any additional assets, bank accounts, etc, you can add them also.

My spouse have earned $24,000 and I (US citizen) have earned $3500 this year. we have some saving around $18,000. Can we proceed with this. some one told use my spouse income will not be counted. I am confused.

[verbose]

My spouse have earned $24,000 and I (US citizen) have earned $3500 this year. we have some saving around $18,000. Can we proceed with this. some one told use my spouse income will not be counted. I am confused.

Looks good to me. It’s household income, and your spouse is is part of your household.

[immquestion]

Looks good to me. It’s household income, and your spouse is is part of your household.

thanks can we proceed with this.

[verbose]

I tried to Google about this and it appears that if the beneficiary spouse’s income is being used to qualify it is important that the income will continue from the same source. Since on-campus work might be temporary, I am hesitant to say that it will not cause a problem for your application.

The safer approach might be to apply when your spouse gets a regular job (in the US) or you are able to show stable income.

Please do more research on this and keep in mind the risks involved.

[immquestion]

Thanks


But he is teaching part time since 4 semesters.