Hello,
My fiancee (US citizen) and I (currently under OPT) are gonna get married pretty soon, and gonna apply for PR to adjust my status.
My fiancee cannot be the sponsor since her income is less than 125% of the poverty level. However, my income is above 125% of the poverty level. My question is can I use my income to meet the requirement of 125% above the poverty level or I need a co-sponsor?
Thank you

You can include your income provided that the income listed comes from the same source after LPR status as it does prior to and that you currently live together. Proof is required.

Hello davdah,
Thank you for your reply. What proof do I need to provide? In my case, I don't need a co-sponsor, right?

A joint lease will cover the cohabitation requirement. As far as employment I would venture that the work being at a job that is within the US and reasonably close to where you live would suffice.

quote:

Originally posted by stlie:
Hello davdah,
Thank you for your reply. What proof do I need to provide? In my case, I don't need a co-sponsor, right?

if you currently work in the US..
you need at least 2 to 3 years of your Income
tax return and W2

I just read Form I-864 (affidavit of support form) and it said that the intending immigrant income can be used to meed the requirement for affidavit of support. It also said to be eligible, the intending immigrant income must continue from the same source after he/she obtains lawful permanent status.
When will I be able to change a job? If after I get granted for PR and my spouse income meets the requirement, do I still need have income from the same source?

quote:

Originally posted by stlie:
I just read Form I-864 (affidavit of support form) and it said that the intending immigrant income can be used to meed the requirement for affidavit of support. It also said to be eligible, the intending immigrant income must continue from the same source after he/she obtains lawful permanent status.
When will I be able to change a job? If after I get granted for PR and my spouse income meets the requirement, do I still need have income from the same source?

They mean't your husband support.
He still will need to sign an affidavit of support for you,(regardless of your income) your's is a supplement since his income is below the poverty line.

If you're legally in a working status in the US.
You need a copy of 2 to 3 years of your income tax return and W2 and a letter of recomendation
from your company describing your job, salary and how long you worked for your company.

The issue of income is mostly concerned about income derived from a job in a different country. The fear is you would claim income from a job in country X and upon getting married come here. The income would no longer exist from job X. Since you work here it isn't really an issue.

You can change jobs, no problem.

Isn't the OP here in the US already, working under the OPT?
I think what he means is can he use his income from the OPT work he is doing here?

Does your fiancee have any assets, house etc? I believe you can still use the sponsor's assets to make it above the poverty level if she does not earn enough.
Just a thought.

Another option would be if any of her immediate family co-sponsor you?

Hi sprint!..how are you?

Hey Caribbeanman

Hi sprint...

Hmm was wondering what's OPT?
was about to think OFF LIMITS lol

The only assets that my fiancee has is her savings, but that's still not enough to meet the requirement. OPT is optional practical training that USCIS gives to F1 students after they finish their school which valid for 1 year.

The job you have sounds temporary. You can go about it a couple ways. One is to give them exactly what they ask for. Show the proof of your job and what she has. It may come up depending on the situation concerning what you will do when the OPT runs out. Plan B should include asking your current employer if they would consider keeping you on board after AOS. If yes and they will put their intent to paper that should seal the deal. If not them then perhaps some letters of intent from other perspective employers.

What USCIS wants is for you not to end up on welfare. What ever you can show that will illistrate that will help.

I already talked with my employer and he said he will keep me in his company before (with work authorization I'm gonna apply) and after my status is adjusted.

The law requires that the petitioner must be a sponsor and file an affidavit of support, even if he or she cannot meet the income requirements.A co-sponsor will be necessary.
you may need to add another sponsor who has sufficient income to sponsor your application. This can be accomplished by filing a supplement with the USCIS.

Must be a US Citizen or Legal Permanent Resident.

The sponsor(s) must provide the following documentation to
satisfactorily complete Form I-864, Affidavit of Support .
Federal income tax return for the sponsor's most
recent tax years and W2