i864A, spouse is intending immigrant, & income

J

joegutiony

New Member
I am sponsoring my wife for the green card. We are legally married and living together for 2 years consistently in same residence. My wife has a stable income.

My income is too low for 125% due to being in college full-time.

I want to use i864A and my wifes stable income to help fulfill the requirements to sponsor her for a green card.

Does anyone know if I am able to use the intending immigrant's income if this person is 1) my legal spouse, 2) living together in same residence, and 3) intending immigrant has a stable income that will continue (and we can prove).

If there is another thread started on this topic, please let me know.

Thank you.
 
This may help you.

http://travel.state.gov/visa/immigrants/info/info_3183.html

Read page#2 in following URL.

http://www.uscis.gov/files/form/I-864.pdf

Can the Intending Immigrant HelpMe Meet the Income Requirements?
If certain conditions are met, the intending immigrant'sincome can help you meet the income requirement. 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. If the intending immigrant is another relative, there are two requirements. First, the income must be continuing from the same sourceafter he or she obtains lawful permanent resident status, andsecond, the intending immigrant must currently live with youin your residence. Evidence must be provided to support bothrequirements.

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 HouseholdMember, unless the intending immigrant has a spouse and/orchildren immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children.
 
I'm not an expert but I think that if the Intending Immigrant (spouse) overstayed illegally then you could not use her "illegally" earned income to meet the income requirements.
 
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