Green Card

[SuPrincessa 0]

I am trying to Fill out the I-864 affidative of Support in order for my husband to receive his green card but I have one problem.

My Income does not meet their requirements but there is an option to use my husbands income instead. But there is one problem... My Husband came here on a K1 fiance visa and is working under the table (as you may call it). He is only doing this until he receives his green card or work permit.

So I'm wondering if there could be any trouble in getting his residence if I use His income on the I-864 and give an employment letter saying his employment is permanent ??????????

[tru_loves_journey 117]

If he didn't file income tax for the years required then it's not possible. You will need a co sponsor if you don't meet the requirements. Good Luck to you

[Penguin_ie 5,986]

*** Moving from General Immigration to AOS from family visa forum ***

[SuPrincessa 0]

Thanks trulovejourney... The thing is the I-864 form says that if I am using the Intending Immigrant's Income there is no need to file a I-864 A unless it would be someone else in the household's income.. That is the part that is confusing me .... helppppp

[Anh map 2,098]

Thanks trulovejourney... The thing is the I-864 form says that if I am using the Intending Immigrant's Income there is no need to file a I-864 A unless it would be someone else in the household's income.. That is the part that is confusing me .... helppppp

His income can't be verified. Unless the employer wants to admit to paying an unauthorized worker and not reporting it. Which is doubtful.

[VanessaTony 3,567]

Your husband is working ILLEGALLY and NEEDS TO STOP working. His income does not count. Illegal employment is forgiven for spouse of a USC but illegal income isn't permissible to be used, moreover there is a CHANCE (however small) that if he is STILL illegally working at the interview that they will deny him.

[SuPrincessa 0]

Thanks anh Map that makes sense....Vanessa&tony if it's permissible how is there a chance that they will deny him? I don't understand that....

[Moomin 292]

Thanks anh Map that makes sense....Vanessa&tony if it's permissible how is there a chance that they will deny him? I don't understand that....

Because you agree to being a lawful permanent resident, meaning you obey the law and your are here under certain conditions. Working under the table/not paying taxes is one of those things. While working illegally is forgiven(usually), not paying taxes is a different matter.

[perez525 8]

You have to show proof of his income, which you don't have because he doesn't report them. Even though he is working under the table and making money, it does not count. This is something you don't want to bring up during the interview whats so ever. You will need a co sponsor if YOU don't meet the requirements...good luck

Edited July 20, 2012 by perez525

[KayDeeCee 4,892]

Thanks anh Map that makes sense....Vanessa&tony if it's permissible how is there a chance that they will deny him? I don't understand that....

I think you misunderstood. Working illegally is NOT permissible. It is usually forgiven for the spouse of a USC, but illegal income most certainly cannot be used for the affidavit of support. He cannot use his own illegal income gains to help sponsor himself. He is not allowed to be working without an EAD or green card.

[VanessaTony 3,567]

Thanks anh Map that makes sense....Vanessa&tony if it's permissible how is there a chance that they will deny him? I don't understand that....

It's not permissible. He's working illegally. They will "forgive" certain "crimes" of a USC's spouse but that doesn't make it okay. If he admit he WAS working and filed taxes he'll be fine. If they find out he's STILL working or didn't file taxes he stands a chance of being denied.

Long story short - you should not be encouraging someone who's status isn't set here in the US to do something illegal. It's incredibly irresponsible. He can also get into trouble if CAUGHT working illegally. While for AOS it's forgiven, do you think he'll be okay if they go to his work and do a status check and he fails it? Not only is there a fine but a chance of deportation.

[ceadsearc 516]

Income from an intending immigrant can only be used if the immigrant is working legally and will continue in that job after receiving their GC - ie for people adjusting from H1-Bs or OPT where they are working legally.

You can't use your husband's income and he is commiting a crime by working. You will need a cosponsor.

You have to show proof of his income, which you don't have because he doesn't report them. Even though he is working under the table and making money, it does not count. This is something you don't want to bring up during the interview whats so ever. You will need a co sponsor if YOU don't meet the requirements...good luck

One nitpick- she DOES want to bring it up. He needs to pay taxes on the money he made AND inform USCIS (he will be asked in the AOS forms). If he lies and is found out by USCIS he can be denied and deported. Working under the table is only forgiven for spouses of USCs who are honest.