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How long do you have to be working to apply for a green card for a family member

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  • How long do you have to be working to apply for a green card for a family member

    Hello, I got married last year and am in still in college. I worked half time previously (for a year), however after I moved, I am not working now. If I were to work full time, how long do I need to work to show proof that I will earn the right income to meet the poverty line for the affidavit form? Could it be in 6 months, rather than 1 year? Must I have all 3 years of tax return? What if I only have one or two years of tax refund paperwork? Much guidance is appreciated, as I am not sure how to proceed since my husband is on his EAD card.

  • #2
    Originally posted by WinterRose View Post
    Hello, I got married last year and am in still in college. I worked half time previously (for a year), however after I moved, I am not working now. If I were to work full time, how long do I need to work to show proof that I will earn the right income to meet the poverty line for the affidavit form? Could it be in 6 months, rather than 1 year? Must I have all 3 years of tax return? What if I only have one or two years of tax refund paperwork? Much guidance is appreciated, as I am not sure how to proceed since my husband is on his EAD card.
    Technically, no length of time is needed. It's the *current* (i.e. right now) income that counts, and as soon as you start a new job, the salary of that job becomes part of your current income. (And conversely, as soon as you stop a job, it is no longer part of your current income.) However, for proof of current income, it is best to have a few months of pay stubs, plus an employer letter if possible.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by WinterRose View Post
      Hello, I got married last year and am in still in college. I worked half time previously (for a year), however after I moved, I am not working now. If I were to work full time, how long do I need to work to show proof that I will earn the right income to meet the poverty line for the affidavit form? Could it be in 6 months, rather than 1 year? Must I have all 3 years of tax return? What if I only have one or two years of tax refund paperwork? Much guidance is appreciated, as I am not sure how to proceed since my husband is on his EAD card.
      As of now there are 2 types I-864, there is I-864ez which does not require a notary public, you must be able to satisfy 3 conditions in order to use the ez form as follows:
      1) You are the person who filed the "Petition for immediate relative" I-130
      2) The person you sponsored is the original I-130 benficiary
      3) The income you are using is based entirely on your salary or pension showing on 1 or more W-2's

      Keep in mind you must earn 125% over the poverty line.
      If you can satisfy these 3 conditions you may use the EZ form.
      If not then you will need to file the I-864 regular form and it needs special attention to it as it requires much more detail.

      Good luck.

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