L1-B visa to spousal Green Card confusion

[Maria and Jason 55]

I am a Canadian Citizen working in the US with an L1-B visa.

I received the visa in March 2012 and it is valid till March 2015.

My wife and I got married in Canada in August 2011.

She is an American Citizen and Student (no income).

I wish to do an AOS to get a green card, but I am a bit confused as my situation does not seem to be that common.

In this case, I am the only provider for our family and I will require her to sponsor me.

Can she still sponsor me without an income? Can my income be considered?

Is this situation so complex that I need to hire an immigration lawyer?

Regards,

Jason

[JohnR! 5,495]

As the petitioner, she will have to be your primary sponsor even if she has no income, in which case she will need a co-sponsor - a family member, a friend will do. You will not be able to sponsor yourself nor be the co-sponsor.

Alas your situation is quite common and you should not need a lawyer for that.

Good luck!

[kzielu 1,149]

Well,

I believe OP can include his income assuming he can prove it will continue after receiving green card. Other than that I agree for no need for a lawyer - I adjusted from L-1B with absolutely no problem and process was very very quick.

[Maria and Jason 55]

That is the problem.

Some say i can include my income, some say no.

How can I prove my income will persist? letter from my employer?

Edited August 9, 2013 by jmeehan11

[JohnR! 5,495]

That is the problem.

Some say i can include my income, some say no.

How can I prove my income will persist? letter from my employer?

I thought your visa was issued on March 2013, but it seems you have had it for over a year now. For clarification, a while back the USCIS would allow you to be co-sponsor and add your income to the pot provided the monies were legally obtained (duh!) and if you (beneficiary) and the petitioner had resided in the same household for over six months, i.e if you were living together. I am not sure this is still the case though.

Added:

Here it is:

• You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract between Sponsor and Household Member. If the relative you are sponsoring meets these criteria you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.
• You may count the assets of the relatives you are sponsoring.

And the full text: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=720b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=720b0a5659083210VgnVCM100000082ca60aRCRD

Edited August 9, 2013 by Gegel

[Brandon Gillin 7]

“Household income” for purposes of Form I-864 may include the income of the intending immigrant, if the intending immigrant is the petitioning sponsor’s spouse or has the same principal residence as the petitioning sponsor. However, in order to be applied towards satisfying the threshold income requirement, the intending immigrant’s income must result from “lawful employment in the United States” or from “some other lawful source” that will continue to be available to the intending immigrant after he/she acquires LPR status.

You can use your income from your L-1B employment. It would be helpful if your employer would write a brief letter stating that you will continue to be employed even after your L-1B is terminated and your AOS is filed and approved.

Good luck!

[Harpa Timsah 13,258]

You can add your salary to your wife's affidavit, provided you can prove your income is from a legal source and will continue after you get your GC. It's all there in the instructions, I-864. No need to ask around or poll people, it tells you how to do it in the instructions.

You also do not need I-864A. That is incorrect for your situation. Just follow the instructions and add it to the I-864 like it tells you to (this is for only intending immigrant and spouse of main sponsor (your wife is still the main sponsor).