Q: Can a petitioner's income be used for the affidavit of support?
My fiancee is undocumented. He will qualify for adjustment of status (green card) once we get married in a few months. Regarding the affidavit of support, my income meets the requirement; however, I will be quitting and starting graduate school soon. His income does meet the income requirements -- but my question is, can we use HIS income to qualify?
A:
Your fiance's income can be used if it comes currently from a lawful source and will continue to come from the same lawful source after he immigrates. If he is working currently, but doing so without lawful work authorization, then his income from that employment cannot be used on your affidavit of support form. Despite his undocumented status, might he have another source of income that is considered lawful (e.g., pension he receives from a prior job abroad)?
Consider speaking with a competent immigration attorney who can evaluate more closely your situation to see what can be done, including discussing using possibly a joint financial sponsor.
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