I864 - Can the intending immigrant's income be counted toward the household income?

[sugeeamimi15]

Hi,

I'm filing i130 and i485 concurrently for my family-based green card. My husband is the petitioner/sponsor and I'm the intending immigrant.

My husband just graduated from college while I've been working using H1b visa for over a year. Last year, his income was minimal while mine is way above the minimal household income for two. That said, can the income of mine, i.e, the intending immigrant, be counted toward the household income? I'm not sure because we only got married this year but the form refers to the income of last year?

We have asked my husband's sister to be the joint sponsor, but just wonder if adding my portion to the whole income package would make our case a bit stronger?

Thanks very much in advance!

[MaryH]

Yes, it can be used, as long as you are allowed to work in the USA, legally.
Besides that if the Beneficiary, used their income, there should be proof, that the job is stable and long-term. Meaning, getting letter from your place of employment, stating certain facts. Read instructions.
Just to be safe if your sister in law, is willing to be your joint sponsor you could go ahead and submit both; to prevent any RFE. Read the instructions and make your choice. Good luck!!