Hi Kops - I was in a similar situation, my husband is a full-time law student, but I am working full time and was able to use my income for the GC process as I am legally able to work.
If you and your spouse currently live together, you will be able to use your income on the 1-864.
I pulled this from the 1-864 form:
How Can the Intending Immigrant Be Considered a Household Member?
The intending immigrant has the same principal residence as the sponsor and the intending immigrant can establish that his or her income will continue from the same source, even after acquisition of permanent residence.
The intending immigrant is the sponsor's spouse and the intending immigrant can show that his or her income will continue from the same source after acquisition of permanent residence.
However, if you are out of status, you need to prove you are legally employed. You cannot use income from any "under the table" jobs.
Others on this board can explain further.