Legal Question in Immigration Law in New York

If you are working legally in the U.S. you may be able to include your own income on the I-864 application, under the right circumstances. An I-864A would probably not be needed. I highly suggest that you work with an experienced immigration attorney on all parts of the application process, even if it just means a review of your application. There are complex legal issues involved in a marriage green card application and confusing nuances to be aware of. More often than not, an improperly prepared application will result in time delays, financial loss, a potential denial, and possibly worse.

If you want help with your application, please feel free to contact me at 212-643-0985 or visit www.LightmanLawFirm.com. Please also click on the following link for an overview of the marriage green card process: Green Card Through Marriage.

Yes, you can add your income to your husband's income (even if it's $0.00). Your husband will still have to sponsor you and sign the Affidavit of support, form I-864.

I see in this situation a much bigger issue: a USCIS can "flag" your application on suspicion of a "marriage fraud". (e.g. you are a gainfully employed foreign woman, who married an unemployed (?) US citizen man; what about your and his education, age, other relevant circumstances?).

You should definitely schedule a consultation with an immigration attorney prior to filing any immigration petitions and applications.

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I would need more information regarding your particular case before I can comment on it properly.

However, will I note that you are asking a question and answering it at the same time. Why?

I am assuming by now that you have read the application and have noted that it states that the US citizen spouse is the one who is considered the sponsor.

Maybe by the time your I-130 petition is filed your husband will be working again and will be able to show his current pay stubs and other relevant documents by the time the interview is conducted.

Patricia Martin-Gibbons