Question about AOS Income Requirement

[callmekay 19]

I am in the process of getting my husband's AOS paperwork together and wanted to know,

once he receive work permit will his income be counted towards the income requirement for the i-184? Or would only my income be considered?

Thanks much

[sweet cakes 326]

I am in the process of getting my husband's AOS paperwork together and wanted to know,

once he receive work permit will his income be counted towards the income requirement for the i-184? Or would only my income be considered?

Thanks much

I think you mean, I-864, right? During AOS, only the petitioner or USC's income counts (and the joint sponsor's too, if needed).

By the way, it will be a while for your husband to receive his work permit / EAD, about 60-90 days from filing.

Edited June 5, 2014 by sweet cakes

[Anonymous885 44]

I-864 is either you or joint sponsor's income. I dont think he will have income at the time he submits AOS. He can Only have income if only if he files I-765 before AOS ( he will have to pay the fee for I-765) and his EAD will expire at the same time with I-94. It seems to me that his I-94 will expire around 17 of August and the EAD will take about 60-90 days from the date of filing. It is nearly impossible that he can have income before AOS.

If you file I-765 and I-485 together, then you dont need to pay separate fee for I-765. However, you have to submit I-864 in the package of I-485 before he receives EAD.

[KayDeeCee 4,893]

I-864 is submitted at the same time as the I-485, and the I-765 and I-131 are filed then too. He will not have the EAD when you file.