can OPT or H1B holder fill I-864?

[AnythingButCommon 2]

Hi everyone,

I am on OPT and my spouse is going to file my AOS for green card.

I have 50k annual income so can I file I-864 to meet the requirement?

[rahulv 4]

Read the I-864 instructions section

What If I Cannot Meetthe Income Requirements?

Income from the intending immigrant, if that income willcontinue from the same source after immigration, and if theintending immigrant is currently living in your residence. Ifthe intending immigrant is your spouse, his or her incomecan be counted regardless of current residence, but it mustcontinue from the same source after he or she becomes alawful permanent resident.

So yes you can but this is the form that your spouse is going to fill and your spouse has to show their income and you can also pitch in for the requirement, you may have to provide a letter from your employer though that your income would continue.

Good luck.

[Harpa Timsah 13,258]

You cannot file the I-864 for yourself, but your wife can use your income to qualify. She still fills out and signs the I-864 (she is still the sponsor), and she adds your income on the same form. Good luck.