I-864 question. I am US citizen but unemployed, my foreign spouse has work contract!

[lad5144]

Hello!

My new husband and I have lived in the USA together for 1.5 years. I am a US citizen. He is an Italian national. He came here on a J1 visa (with no 2 year residency requirement). His visa is good for another 2.5 years, but we wanted to start his green card application now.

I know I must fill out forms I-130, I-485, and I-864. The first two from what I can tell so far seem relatively straightforward, but my question as of now regards 864.

I am currently in law school so I have no income. My husband is a postdoc at a university and his contract lasts for the same amount as his visa (2.5 years). He makes about 48k and supports us both. As such, I cannot financially sponsor him. My parents may be willing to, but my question is this --- since he has a contract, not just an offer of employment, and since we are married (so for tax purposes his income is also "mine"/the household's) can we use his income to sort of auto-sponsor? Or must my parents sponsor him?



Thanks!

[newacct]

Hello!

My new husband and I have lived in the USA together for 1.5 years. I am a US citizen. He is an Italian national. He came here on a J1 visa (with no 2 year residency requirement). His visa is good for another 2.5 years, but we wanted to start his green card application now.

I know I must fill out forms I-130, I-485, and I-864. The first two from what I can tell so far seem relatively straightforward, but my question as of now regards 864.

I am currently in law school so I have no income. My husband is a postdoc at a university and his contract lasts for the same amount as his visa (2.5 years). He makes about 48k and supports us both. As such, I cannot financially sponsor him. My parents may be willing to, but my question is this --- since he has a contract, not just an offer of employment, and since we are married (so for tax purposes his income is also "mine"/the household's) can we use his income to sort of auto-sponsor? Or must my parents sponsor him?



Thanks!

Yes, his (the intending immigrant's) income can be counted in your (the sponsor's) household income as long as he is working legally and his income will continue after immigration (which is basically assumed if his job is in the US). So then your household income on your I-864 will be sufficient.