h1b to ir1 via marriage - does h1b count as affidavit of support?

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Aayitrun

Registered Users (C)
I am a male h1b worker and have a stable job. I just got married to a us citizen and we plan to file for AOS after her name change goes through on all her documents. She currently does not have a job as she just graduated and moved across the country to live together. She will be looking for work eventually but we depend on my software income to pay the bills for the foreseeable future. From what i understand we need to provide an affidavit of support for the AOS to be filed. Can my job as a worker on h1b act as proof for this affidavit since we plan to fund our lives with that and i get to keep my job even after my status changes? I really hope so.

Thanks.
 
Aayitrun said:
I am a male h1b worker and have a stable job. I just got married to a us citizen and we plan to file for AOS after her name change goes through on all her documents. She currently does not have a job as she just graduated and moved across the country to live together. She will be looking for work eventually but we depend on my software income to pay the bills for the foreseeable future. From what i understand we need to provide an affidavit of support for the AOS to be filed. Can my job as a worker on h1b act as proof for this affidavit since we plan to fund our lives with that and i get to keep my job even after my status changes? I really hope so.

Thanks.
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Read the instructions for USCIS form I-864. Depending on the details, you may either add your income as a spouse to her I-864 but could possibly qualify for the I-864W. You'll need to work out the details.
 
So it says that if the intended immigrant is a spouse then their income can be added to the affidavit of support provided they prove that the source of income will continue. my job is here to stay but what document do i need to prove that?
 
They will assume the job will continue, unless the nature of the job arrangement indicates that it is or probably is a temp job or short-term contract. For example, with a summer internship the employment would be presumed to end in a few months unless the individual had a job offer to continue as a long-term employee.

If your job is like most full-time jobs, all you need is a regular job letter to say that you are employed in position ____ at company ____ with salary ____; it doesn't have to say it will continue until or beyond a given date. It's nothing more than the standard job letter the employer would provide to any other employee who needs a job letter for buying a house or car or doing whatever, so unless your employer is very new and small they would already have a standard format for it.

You'll also have to provide proof that you are legally authorized to work in that job, so send a copy of your H1B approval notice or visa along with the identifying pages of your passport (which you should do anyway as part of the I-485 supporting documentation).
 
My job is a full time position and I have been there for over 2 years now. My company has very good relations with me and I shouldnt have any problems getting such a letter since you say it does not contain any future promises, just states the facts that I am in a full time position. I also have the approval notice from the H1B filing that they did for me, however I never left the country after I got my H1B so I don't have the visa stamp on my passport (I was on F1 status before this). So I will just use the approval notice then.

Thanks a lot. That was very helpful.
 
The approval notice, some recent pay stubs, the letter from your employer, and IRS copies of your taxes and W-2's from the past three years [or two years in your case] should take care of you nicely.

Good luck!

Aayitrun said:
My job is a full time position and I have been there for over 2 years now. My company has very good relations with me and I shouldnt have any problems getting such a letter since you say it does not contain any future promises, just states the facts that I am in a full time position. I also have the approval notice from the H1B filing that they did for me, however I never left the country after I got my H1B so I don't have the visa stamp on my passport (I was on F1 status before this). So I will just use the approval notice then.

Thanks a lot. That was very helpful.
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