AOS from F-1 OPT to Green Card

[Aos_guy 0]

Hello everyone, Thanks for your help!

I got married to US citizen and applied for AOS last month. For form I-864 my wife used my(intending immigrant's) income, since I am on OPT(expiring NOV 2015) and working legally and her income wasn't enough (because she is still in college). Her's was 15k so i used mine for the rest since i make 65k. I also provided letter from my employer stating the this job will continue even after i get permanent residency status. But i got RFE with following reason.

* For the household member's income to be included in the household income the household member income must have been from a lawful source and earned while the household member wa authorized to work in US.

The petitioner/sponsor household member on for i-864 or forn i-864A, must submit evidence that they were authorized to work in US.

examples:

1) I-94

2) EAD Card

But I already submitted copy of valid EAD card with my initial Package. Is it possible they missed it? since i sent a very big package with lot of documents including bills...etc

[dhlunar 25]

When you submitted a copy of your EAD did you send it with the I-864 supporting documents or in a different part of your submission?

What I have been told by someone in the past is every form must have the evidence to stand on its own since they usually get separated. So they might only give the paperwork that they believed was part of the I-864 to one officer, but he might not have your entire file in front of him when he is reviewing the paperwork.

Also, did you include your wife's income also on the I-864 even though she doesn't make enough?

So for example, the G-325A is required for the I-485 and in some cases also the I-130. So if you are one of the cases that needs to file an G-325A with the I-130 and file the I-130 and I-485 at the same time, then there better be two copies of the G-325A or they are going to say you are missing initial evidence for either the I-485 or the I-130.

Edited May 31, 2015 by dhlunar

[Aos_guy 0]

When you submitted a copy of your EAD did you send it with the I-864 supporting documents or in a different part of your submission?

What I have been told by someone in the past is every form must have the evidence to stand on its own since they usually get separated. So they might only give the paperwork that they believed was part of the I-864 to one officer, but he might not have your entire file in front of him when he is reviewing the paperwork.

Also, did you include your wife's income also on the I-864 even though she doesn't make enough?

Thanks so much for quick response. I guess that might be the issue. I just sent one copy of EAD card for the whole package (including i-130, i-485, i-864). Yes, I did included my wife's income in there. In RFE that's the only thing they asked for. So I am going to send copy of EAD card again. Also, Should i send a cover letter with that and what should cover letter say.

[dhlunar 25]

I personally have been lucky and never had a USCIS RFE. However, I found the following in terms of responding to a RFE:

Make a duplicate copy of the RFE notice and save it for your records, because the original blue RFE should be the first page of your response packet. USCIS will scan this sheet and forward it for further processing, so if you do not include it (or if it is not on top), you can expect further delays.

Next, you should write a cover letter that outlines the contents of your submission. The cover letter should be organized very similarly to the RFE, so that you can show the USCIS officer handling your case that you provided all of the requested information. Make copies all of the information that you send and save it for your records. It's best to send the RFE response via priority mail with delivery confirmation so that you have proof that you complied with the deadline.

http://www.nolo.com/legal-encyclopedia/how-handle-request-evidence-rfe-from-uscis.html

Edited May 31, 2015 by dhlunar

[Aos_guy 0]

That helps a lot. Thank you so much. One more thing though, Since i am working legally and i provided letter from my employer that my job will continue even after the permanent residence, is that going to be enough for satisfying conditions for I-864? or they might question the income since i am on OPT and working?

[Pitaya 2,576]

~Moved from Fam.-based AOS to WST-based AOS Forum~

~Adjusting from student visa~

[Darnell 8,478]

remember on the I-864,

there are 2 main 'income' data points:

1. prior year, from tax data and

2. current year, usually an extrapolation of 12 months of income before taxes are computed out.

[NancyNguyen 1,657]

OPT will end, they look at your OPT work permit and it has an expiration date on it, your job ends when it ends so it will not continue from same source.

[Aos_guy 0]

OPT will end, they look at your OPT work permit and it has an expiration date on it, your job ends when it ends so it will not continue from same source.

Not Really, The proof that they look for Form I-864 is that the income should continue from the same source even after you get your green card, which my employed provide in the employment letter stating that my employment will continue even after i get permanent residency.

[NancyNguyen 1,657]

Not Really, The proof that they look for Form I-864 is that the income should continue from the same source even after you get your green card, which my employed provide in the employment letter stating that my employment will continue even after i get permanent residency.

According USCIS logic, Your employer is willing to hire you but you don't have a OPT by then so how can it be from same source? You must be new with self sponsor issues, most self sponsor income are from h1b, which are long term work permit. OPT is short term (1 year regular and extendable for 17 months if STEM study.)

[Aos_guy 0]

According USCIS logic, Your employer is willing to hire you but you don't have a OPT by then so how can it be from same source? You must be new with self sponsor issues, most self sponsor income are from h1b, which are long term work permit. OPT is short term (1 year regular and extendable for 17 months if STEM study.)

But by then i'll have EAD from AOS right(If everything goes fine)? So you are trying to say that i cannot use my income from OPT?

[NancyNguyen 1,657]

Even you say "if everything goes fine" so there is chance it goes wrong (aka opt ends before your aos EAD is approved, your job will have a break) -> that's what uscis thinks.

Search for "self sponsor" you will see many have this issue, even with h1b EAD.

[Evenimente 10]

But by then i'll have EAD from AOS right(If everything goes fine)? So you are trying to say that i cannot use my income from OPT?

It doesn't matter that OPT will expire. I worked as a J1 scholar and included my income with the I864 with a letter saying that I would continue teaching at the university after I become a resident.

I did attach my DS 2019 with the i864 package proving that I was working there legally

[Aos_guy 0]

It doesn't matter that OPT will expire. I worked as a J1 scholar and included my income with the I864 with a letter saying that I would continue teaching at the university after I become a resident.

I did attach my DS 2019 with the i864 package proving that I was working there legally

Exactly, I also consulted with a lawyer a while ago and researched online and i don't think it would be a problem having my income in there. So I am going to send them my EAD, employment related proofs(Employment letter, payrolls...etc) to deal with this RFE. Thanks for reconfirming that.

[kssc0112 0]

@Aos_guy I am currently having exactly same situation. I(USC, low income) and my wife(OPT, we are adding her income) will file i864 together. Do you mind sharing your outcome on the AOS? It will be a great help for us. Thanks!