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For AOS Form I-485, if the petitioner doesn't meet the poverty line can the beneficiary's income be added to get over the poverty line? Note that the beneficiary has overstayed their visa and has worked using a social security number in their name (entered in the US with J1 visa) and filed for tax returns.
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Only if the beneficiary is working legally, which it doesn't sound like they are.
This is my personal opinion and is not to be construed as legal advice. -
Yes, it can - for example, if the beneficiary is working through Practical Training on an F1 visa. What you need in this caser is a copy of job offer of a permanent position with pay rate included, as well as letter from beneficiary's employer stating you are currently working there and how many hours. Ideally prior year tax return if applicable, and pay stubs for the last 6 months.
That is exactly what we had to do. However, to be on the safest side we also involved a co-sponsor.
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Yes, it can - if the beneficiary is working legally and on a permanent position.Comment
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