Affidavit of support, household income from H1B temporary worker

[dp84]

I am reaching out to you as I am applying for family based AOS, with my spouse being the sponsor of the petition.

My spouse is unemployed and has bees so for the past two years. Our total household income is above the threshold required by the Affidavit but I am a temporary H1B worker for a US University and my contract and VISA are ending August 31st.

It looks to me that it will be hard to make the case for my income to continue from the same source.

A joint cosponsor is, at the moment, not an option.

If filing with what I currently have, will I be able to obtain the EAD while my I-485 is pending?

Given that the EAD typically requires up to 90 days it looks to me that my current contract should be enough, at that point in time, for the I-864.

Am I right?

[inadmissible]

You'll be fine. You'll get your EAD in 4 months, at which point you'll be employable anywhere. If the university doesn't want your continued services, you can get a different job

[danyjoe]

I'm kind of in a similar situation, H1B married to a USC, spouse unemployed for few years. I'm planning to leave my job in a couple of weeks so we thought that we can't use my income, is that not right? would we still be able to use my income even though i might not have the job by the time for the interview?

[newacct]

I'm kind of in a similar situation, H1B married to a USC, spouse unemployed for few years. I'm planning to leave my job in a couple of weeks so we thought that we can't use my income, is that not right? would we still be able to use my income even though i might not have the job by the time for the interview?

You can use the income if it's current income at the time you complete the Affidavit of Support. At the interview they will likely ask you if you are still in the same job, and if not, they will ask for a new Affidavit of Support.