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Income requirement question for petitioning spouse or parents

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  • Income requirement question for petitioning spouse or parents

    How are you !
    My wife just became US citizen. I am DACA recipient. She wants to help me to adjust my status first. Her income doesn't meet the requirement, but my income is sufficient. I make $70000 annually. We have 2 kids. Question is " since her income is not enough, can she use my income ?

    2nd question is " Once I am approved for green card. She wants to start petitioning for her parents. Can she use my income as well ?

    Please give answers to these two separate questions ? Thanks very much !

  • #2
    For question 1: Yes, you can use the petitioner income as long as it's permanent. An example of non-permanent income is working as a researcher while doing a PhD because you will lose this job the moment you finish your PhD.

    For question 2: it's also yes because you are the same household but I believe you will need a form i-864a a contract with household member. I am so sure about the exact form but otherwise you should be fine.

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    • #3
      1. Yes, the intending immigrant's income can be counted in the sponsor's household income if the intending immigrant is the sponsor's spouse or is a relative living in the same residence, and the intending immigrant is working in the US legally (which you are). The intending immigrant does not need to fill out I-864A.
      2. Yes, the sponsor's spouse (as well as the sponsor's relative living in the same residence as the sponsor) can act as a "household member" of the sponsor, and their income can be counted in the sponsor's household income if the household member fills out an I-864A.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        So even though My green card is sponsored through my wife , she can still use my income for petitioning her parents?

        some people told me if your green card is family based green card , then you can’t sponsor within first 5 years . I am so confused

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