Krystalthepistol

OK we have a willing joint petitoner so we will do it that way. Thank you!

wonderful so we would do the "one step" procedure as directed on the site. Thank you.

Do you know about if we can use his income on the affadavit of support? If not I am about 2000$ under the income limit, we have a joint petitioner if needed but would rather not if its not necessary.

I am just beginning the process (Literally today) for my husband who was born in mexico. our background - He entered lawfully on a tourist visa about 8 years ago to visit family and decided to stay. His visa has since expired. We married a year and a half ago and have a one year old child together. He still lives here and works. We have our lease and car in both our names, obviously a cut and dry real family lol.

I have read the faq and saw this topic touched on briefly so im sorry if this is slightly repetitive but I want to be sure I do this right.

My first question- On the I485 instructions (attached below) it says you are not eligible for the following reasons... and option 4 says you are not eligible for I485 if your authorized stay expired before the I485 was filed. also option 5 applies to us that he was employed without uscis permission. So do I just file an I130 and wait until they tell me what to do next, or is there a different process we need to go through in order to get his green card.

My next question- he has worked for about six years at his job full time. is his income eligible to be used on the I864 affadavit of support. (Keeping in mind that he is now here on an expired visa.) He has paid and filed taxes every year using his IT number.

Thank you!!

i-485instr.pdf