Question about income for adjustment

Hi,

I am planning to apply for adjustment of status soon. I am a visa overstay married to a USC. The problem is, he just graduated from grad school and is doing an internship right now. It was for six months but recently got extended. Not sure what will happen in six more months. It is a part-time position but he makes over the income requirement.

We want to start the process soon but I'm not sure if this internship will be enough for the government. I don't want to jeopardize anything and/or waste time/money applying if we should have waited until he got a stable job.

Does anyone know if the internship is enough or if we should wait? I have DACA so I'm not in a (huge) hurry. Also, he is actively looking for a full-time position.

Thank you!

Depends, if it pays at least 125% of the current US poverty line (I think about 21k/yr) - then you'll can use it. Otherwise he'll need a cosponsor.

You can add as many cosponsors as you need. They just need to fill out the paperwork

Can you use the immigrant's salary if legally obtained? (With work authorization) if so, what extra documents need to be submitted? Thanks in advance.

He does make over the limit but we weren't sure if it was okay because internships are kind of temporary.. I mean, he did get an extension and it could get extended again, but we didn't know how an internship might look to the govt or whatever, like if they thought it was too tenuous.

Sorry, I don't really know, but I remember reading something about how you can use the immigrant's salary if they will have the same job after the adjustment... or something like that. I'm not really sure though.

According to the USCIS site, the intending immigrant's income can be counted towards the petitioner's affidavit of support as long as the intending immigrant continues to obtain said income from the same place after obtaining a green card and must live in the same residence as the petitioner. Evidence establishing these two requirements would therefore be needed.

Thank you so much for your response. I've been granted AP and am gathering all req'd documents to send in the AOS package when I get back.