Immigration Site

I’m a U.S. Citizen and my husband is on a H1B visa, we are going through the process of applying for his green card, I need the 1-865/864 but I am currently unemployed, but I am able to show tax returns for the last 3 years. Is there a way to use my husband’s income to fill the I-864 without going for the joint sponsor option? If not, what is the cost and what additional forms do I need?

I’m a U.S. Citizen and my husband is on a H1B visa, we are going through the process of applying for his green card, I need the 1-865/864 but I am currently unemployed, but I am able to show tax returns for the last 3 years. Is there a way to use my husband’s income to fill the I-864 without going for the joint sponsor option? If not, what is the cost and what additional forms do I need? Yes, you can use your husbands income if he meets the income requirements. You need to file I-864, and your husband - I-864A. Both of you should send your tax returns for the last year only (the most current one) and W-2s. Your husband should also send the recent pay stab as proof of his employment.
If he does not meet the income requirements for sponsors, then he would need a joint sponsor, who would fill out another I-864. In this case it will be 2 I-864 - yours and the joint sponsors.

1. As per a recent (eff Nov 23, 2005) memorandum from USCIS http://uscis.gov/graphics/lawsregs/h...pprt112305.pdf, you no longer need tax returns of 3 years... you just need the tax return of the latest year.

2. Yes you can use your husbands income. Infact the income of anyone living with you qualifies as the household income, so long that the person signs a form I-864A. This person can be also be the sponsored immigrant (ie your husband in your case). However, I do not know what happens if the primary sponsor (you) is unemployed. I know one of the supporting document in the I-864 is the proof of employment of the sponsor(s).

Someone with better knowledge on the subject may chime in.

HTH,

USC

2. Yes you can use your husbands income. Infact the income of anyone living with you qualifies as the household income, so long that the person signs a form I-864A. This person can be also be the sponsored immigrant (ie your husband in your case). However, I do not know what happens if the primary sponsor (you) is unemployed. I know one of the supporting document in the I-864 is the proof of employment of the sponsor(s). She files I-864 regardless of her income. And, of course, on I-864, 2nd page, she should check the 3rd box - Unemployed.