Using Intending Immigrant's Income for I-864

[ColumbusKat 44]

Hello,

 

I have been searching for this information, but couldn't find anything that was semi-recent and would really appreciate any help! I am the USC and my now husband came on a k1 visa in November 2019. We got married and filed for AOS in January. At the time I was working full-time and also have about 16k in stocks, so my I-864 was accepted. However, I began grad school in August. I am still working for the same employer, but now just part-time, so I am below the income limit (and my stocks don't make up enough for the difference).  My husband received his EAD in July and began working and makes enough alone to be over the income limit. So together with both our income and stocks/savings we would be well over the limit. 

 

My question is: for our upcoming AOS interview, can I create a new I-864 with both my income AND my husband's?  I understand that I will fill out the i-864 and include my income and assets, but can my husband file a i-864a with his income? 

 

The requirements for using an intending immigrant's income seem vague.  He has only worked in the US legally and his job will not change because he receives his green card. He has a letter from his employer stating his employment date, hourly pay, average hours, etc., as well as 2 months of paystubs.  We filed taxes jointly in 2019 (got married in December), but he obviously didn't have any income during that time, and since he received his EAD in July he hasn't received a W2 yet. We also of course live together. 

 

Thank you so much for any guidance! It is a true blessing to have this site!