dailyn

Hey all!

If we wait until my husband has a job to file for his AOS, can we use his income? I'm a fulltime student and only work part-time so I don't meet the poverty level. I only want to use the joint sponsor I used for the I-134 if absolutely necessary.

If we CAN use my husband's income, what do we use as proof considering that he won't have been working for that long?

Thanks in advance
Dailyn

meauxna

One's spouse income can be used if you've been sharing the same household (not married) for 6 months or more.

I've heard cases where people did NOT wait to file the AOS, just sent it in with a knowingly insufficient I-864 with the knowledge that by the time INTERVIEW time comes, the foreign spouse will have householded for 6 months and the income will be sufficient for filing an updated, I-864. Others more knowledgable can help you sort that out for your particular filing office.

Proof of income comes in many forms, not just federal tax returns (1040XX). Paystubs and letter from employer come to mind. Also, look for letters from landlords etc to verify your 6 months of householding, so that the clock starts from day one of his/her arrival.

csf

Hey mexuxna,

I was just wondering whether the 6 month mark is only applicable to couples who lived together for 6 months 'unmarried'. I have been living with my wife for 8 months now and she is a student, so I was hoping I could use my income as a subsititute. Is this the case?

Thanks, Chris

meauxna

Chris, sorry my reply above was not very clear. I mean to say that you don't *have* to be married to be householding, but if you *are* married and living together, obviously that counts, too.

You should be able to count your income, based on what you say. I see in your other post more questions about the -A; I'll answer over there.