Some background - I'm currently working legally in the US on a J1 intern visa. The company that I'm working for want me to continue working after my J1 visa expires (July 28 2016)
My wife and I got married on 4/24 (YAY!!). We're filing I-130, I-485, I-765 and I-864 concurrently tomorrow. Unfortunately she's just finishing grad school and will not meet the income requirements for Form I-864. I, however, earn well above the income requirement and this will continue from the same source after immigration.
My questions are as follows:
(1) How do I prove that my income will continue from the same source and to what extent do I need to prove it? I have a contract valid until 2/1/2017 and this will be extended into full-time work. Will a letter from my company saying that suffice?
(2) Do I need to fill out form I-864A? It seems like there are mixed messages. We are spouses but we don't live together yet (but we will in the next couple of weeks)
How Can the Intending Immigrant Be Considered a Household Member? Listed below are two ways that the intending immigrant may be considered to be a household member for the purposes of pooling income with the sponsor to meet the Affidavit of Support requirements:
1. The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of lawful permanent residence; or
2. The intending immigrant is the sponsor’s spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of lawful permanent residence.
(3) It's important that I get my EAD via I-765 relatively close to when my current J1 visa work authorization expires, so that I can keep working at my current job. Will this be totally jeopardized if we get an RFE based on the income situation with forms I-864 and I-864A? We're wondering if we should just go ahead and get a joint sponsor just in case.
Thanks so much for your help!