Noorah101

You've probably secured a Joint Sponsor. Your USC spouse is your Sponsor, even if he
does not qualify financially.

Rene

S Folinsky

I see no details of the pay which OP will obtain from her J-1 job. Just saying.

Noorah101

Good point, thanks.

Rene

Peopleposey

Im sorry, but what do you mean by the last comment?

Noorah101

If you are referring to MrF's post, he means that your J-1 income can be included on the I-864.

Rene

Peopleposey

Oh, that's great! Thank you for letting me know!

Peopleposey

I'm sorry, one more question for you guys...
If I decide, once I get married, to cancel my internship (J1) and work legally, once I am given permission, is this allowed? Or because I came here on the J1, would I need to continue with this until the adjustment of status is approved?
Thanks again for all your help with my questions.

Michael

Someone will come along to verify this but in my opinion you can only use your income on the I-864 if working in your J-1 position until the AOS is approved. If you don't use your J-1 income on the I-864, then you can change jobs as soon as the EAD is in hand.

I might be wrong so I need someone to verify if that is correct.

Noorah101

Once you file AOS, you are allwed to leave your J-1 employer. Once you have your EAD in hand, you can work for any employer. If you stated your J-1 income on the I-864 when you submitted AOS, and your employment changes by the time you have your AOS interview, you'll need to bring an updated I-864 to the interview. At that time, if you have new income from a new employer, it might be acceptable on the I-864, or it might not because it's such a new job. It will be up to the AOS officer.

Rene

Peopleposey

Ok. That's great. Thank you.

Michael

I was basing my opinion similar to someone that that is working for an employer overseas and will have continuing income from the same employer in the US on a CR-1 visa can use their income on the affidavit of support. I would think the same would be for an AOS so changing employers before the AOS is approved would invalidate any income from the beneficiary on the I-864. Anyone have an opinion? I know that she would have income and that would seem to be the only thing that matters but then USCIS doesn't always make sense.

Also I assume that someone on a K-1 visa can't use income after an EAD for the I-864.

ian-mstm

I agree that if someone uses their own income for the I-864 but then ceases work, then their existing I-864 would be invalid for their specific income. A new I-864 may or may not be required... depending on the financial situation of the sponsor.


Yes, they can. Income is income - and as long as it continues, it can be used. Sheila and I used our combined income for the I-864 when I adjusted status from a K-1.

Ian

jeffreyhy

Current, sustainable, income.

Current should speak for itself. Sustainable may be subjective, but income from employment that is certain to terminate is clearly not sustainable income..

Regards, JEff

jeffreyhy

Why do you assume this?

Regards, JEff

Michael

I didn't know and asked for opinions. Now I know I was incorrect in the assumption.