If my spouse and I are in the process of filing for adjustment of status, is the gross income (before deductions) used for eligibility or adjusted gross income/net pay on 1040?

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If my spouse and I are in the process of filing for adjustment of status, is the gross income (before deductions) used for eligibility or adjusted gross income/net pay on 1040?

As the petitioner we are uncertain if a joint sponsor is required for form I-864 (affidavit of support). Our household consists of my spouse and I, however he has a daughter that lives in a different state with her mom. We understand that we still have to count her as a dependent although she is not claimed on his taxes or lives with us. d on a 3 person household the poverty guideline is 25k. My spouse gross income (before taxes, benefits and deductions) is 34k. His adjusted gross income (after taxes/deductions) is $24,580k which is below the requirement.

Asked on January 2, 2016 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would be safer to have a joint sponsor for affidavit of support purposes especially if the child from a prior marriage is reflected anywhere as a dependent.  Also, assets can be used in lieu of or in addition to income so if the income is so close and the assets can be used to bridge the gap, you can look into that instead of getting a joint sponsor.


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