Portland, OR asked in Immigration Law for Oregon

Q: My wife sponsored me for AOS I-485 in the US but she's now on unemployment, can my income be used for I-864?

I entered the US this time on a B1/B2 visa and I wasn't working at the time I got married to my wife and we filed for Adjustment of Status and EAD in June 2019. She made enough money to complete form I-864 on her own. on August 2019 my EAD got approved and I have been working using that EAD for two years now. My own income is much more than the required income on I-864 as well. I file taxes jointly with my wife and of course we live together and share bank accounts. She lost her job last year due to COVID and we finally got an interview notice for our I-485 case. Will there be any problem because she lost her job and is now on unemployment? Can her unemployment benefits be counted as income?, or can my own income "the intending immigrant" who's in the household and files taxes jointly be used? I'm only worried because I got this employment with my EAD which is based on the same pending i-485 case. I have W-2s, paystubs and VOE that I can take to the interview. Thank you!

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1 Lawyer Answer
Kyndra L Mulder
Kyndra L Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Yes. As long as you are authorized to accept employment your income may be used as household income.

Agnes Jury agrees with this answer

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