QUESTION: I am married to a US citizen and filed an I-485. I was in F-1 status, but I have been out of status for the past couple of years. My husband is a full time college student and only works part time. I work full time. I just got a Request For Evidence saying my income cannot be taken into consideration. However, I read on the instructions that a joint household member's income can be taken into consideration if the sponsor's income is unable to meet the poverty guideline. So why will they not count my income? If I find a cosponsor, how much income does the sponsor have to make?

THE IMMIGRATION ANSWER MAN: The beneficiary’s income as a joint household member can be taken into consideration but only where the income was earned with valid work authorization. Since you did not have valid work authorization USCIS will not consider your income. You need a co-sponsor. Alternatively, if your husband has sufficient current assets (3 times the difference between his income and the required amount on the poverty guideline) then he could meet the requirement through assets. If you are going to try through using assets you should have an attorney review your evidence of assets before you submit to make sure the evidence is sufficient.

The amount of income that a cosponsor would be required to show is based upon a sliding scale depending on the size of the cosponsors family. You can refer to the Form I-864P for this scale.

If you would like assistance with this process, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455.

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* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of New York and New Jersey. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.