EAD will expire, Can I put my income in I864?

[Parth Prajapati 2]

Hello Hope you all are doing good. 

 

My wife is US citizen and we just got married last month. She moved to different state (KY to NY) and lost her job, so she is unemployed now. She is filing I864 for me, we live together now. I am on F1 student visa and last year in my OPT. My OPT will expire in 1 month. We are planning to file green card application all together with I765 in couple of days. I make over 60K in my full time job with my EAD. My wife has filed 2018, 2019 & 2020 tax which are over 30K. She also has her all paystubs from her last job till we got married.

 

1) Can we file I864EZ with her 2020 tax income and paystubs? (She left her job)

2) Can I use my solo income on I864 as a household member if I have my tax documents and paystubs till we send the application?

 

Please answer as soon as possible since we have to file in few days. 

 

Thanks in advance. 

[bobarola 5]

not sure if you already filed. my two cents..

1- No. if she still had a job she could. However 2020 income is not sufficient at this point, as I-864EZ requires her to prove she has that source of income to support you(via paystubs, employee letter, etc). And she wouldn't want to omit that she's unemployed now, since that can come up later. Instead she should file i-864. She could include IRS transcripts for the last 3 tax years to show she at least has an income history.

 

2- in the petitioner's I-864 there's a section that asks if the intending immigrant's income (yours) will be used, so you can specify it there. You need to explain on the last pages or a separate letter how your income will continue from the same legal source if permanent residence is granted.

 

from the instructions:

Quote

Can the Intending Immigrant Help Me Meet the Income Requirements?

If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status

 

Evidence must be provided to support both requirements, however, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her.

 

I did this as my spouse was between jobs when we filed for AOS. however we also used a joint sponsor (mother-in-law) in addition my income (intending immigrant). If you can get a joint sponsor, it's a better case ..

Edited September 21, 2021 by bobarola

[Chancy 6,233]

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