Is there someone who has adjusted from H1B and counted their own income?

[GCQA 0]

Hi,

 

I’m on H1B Visa and I’m applying for Green Card through family (wife) who is a US citizen & a full time Student (No income). 

I don't have anyone to co-sponsor and as stated above my wife doesn't earn. In my scenario can my wife when filling I-864 (Affidavit of Support) count my income? If yes, then is there any other forms that I or my wife has to fill?

 

Any help is highly appreciated.

 

Thanks in advance  

[Villanelle 4,122]

Yes you can include your income on the 864. Follow the form instructions.

 

It is unknown if it will be accepted. Technically it meets the requirements and should be approved however USCIS has discretion when it comes to the 864. If the Officer wants to deem it not a stable source then theres nothing you can do about it. Ive read posts from people who have been approved and people who have been denied using the immigrants income. 

 

You can help your case by sending a statement from the employer directly stating the job is stable and will continue in the future. Besides that theres not much you can do. I know you said you have no co-sponsor but try to look for someone as a back up just in case. It doesnt have to be family. 

[azblk 338]

52 minutes ago, GCQA said:

Hi,

 

I’m on H1B Visa and I’m applying for Green Card through family (wife) who is a US citizen & a full time Student (No income). 

I don't have anyone to co-sponsor and as stated above my wife doesn't earn. In my scenario can my wife when filling I-864 (Affidavit of Support) count my income? If yes, then is there any other forms that I or my wife has to fill?

 

Any help is highly appreciated.

 

Thanks in advance  

Yes you income can be used. Also if you have been on H1 for 10 years or more and have accumulated 40 quarters of social security earnings then you are exempt from i-864.

[GCQA 0]

Thanks for the replies

 

Is there any other form (Example: I-864A) that I've to fill other than my wife filling I-864?