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Form i-864 income verification spouse

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  • Form i-864 income verification spouse

    My spouse is a green card holder and I'm under F1 visa. Specifically STEM OPT Extension (EAD) and working full time. Now my timeline is very narrow and my EAD card expires in next year July(07/2023). We are filling out applications and gathering data and meantime we got into this issue while filling form i-864. My spouse landed on her job last year November(11/2021) and due to that she only have her Tax Returns only for 2 months salary and that is not satisfying the Poverty Guidelines by USCIS. She can prove that she was offered a full time position with her salary(which is definitely satisfy the Poverty Guidelines by USCIS). I want to clarify does USCIS accepts my spouse's Tax Returns and/or the Job Offer and Pay Stubs?

    Also about me, I have my full time job which has more than the required amount for USCIS Poverty Guidelines for this year in my Tax Return. I saw in the instructions of the form i-864 mentions that since me(intending immigrant) is the spouse, my income can be calculated to meet the income requirements. I just want to clarify this if anyone has done it before and/or is this still possible?

    Only reason is since I have a time crunch I really don't want to risk by waiting until my spouse files for tax return next year and then start the green card process.

    Please advise, thank you!

  • #2
    What needs to reach the 125% of poverty level is her current income, i.e. the current salary of her current job. A letter from her employer and recent months' pay stubs can prove her current income. Her income from past years do not necessarily need to reach that level.

    Yes, your income can be included in her household income on her I-864, if her own income is insufficient. Your info and income would be listed under "Person 1" in Part 6.

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

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