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  1. #1
    Join Date
    Dec 2017
    Posts
    1

    Default Can an I-485 Beneficary's Income be Added if Petitioner is Below the Poverty Line

    For AOS Form I-485, if the petitioner doesn't meet the poverty line can the beneficiary's income be added to get over the poverty line? Note that the beneficiary has overstayed their visa and has worked using a social security number in their name (entered in the US with J1 visa) and filed for tax returns.

  2. #2
    Join Date
    Sep 2010
    Posts
    16,928

    Default Re: If the Petitioner Doesn't Meet the Poverty Line Can the Beneficiarys Income Be Ad

    First question is whether they are subject to the HRR.

    I-485's don't have anything to do with income and poverty line. Perhaps you mean the affiddavit of support (I-864). Whether the immigrants income can be counted depends on a couple of issues:

    1. Is there an expectation that the income will continue from the same source after the adjutment of status?
    2. Is the immigrant living in the same residence as the sponsor?
    3. What is the relationship between the sponsor and the immigrant (spouse?)
    4. Are there others (children of the immigrant, perhaps) also immigrating at the same time?

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