I-864 Several questions

[drawen22 0]

Hello,

Let me fill you in on my situation.

I am a F1 student who has been studying in the US for over two and half years now. Me and my GF (been together for two years now) got married in December and she has moved in with me. We plan to apply for my AOS as soon as we can.

Since she has been in school last year she did not make enough money to satisfy the poverty line requirement. She found a job recently and plans to work as many hours during the year as possible to make enough to satisfy the affidavit requirements. We calculated that based on the average amount of hours she works every week and her average hourly income (varies dues to variable tips) she should make somewhere between 16,000 and 20,000 this year. We want to prepare for a situation where her income is on the lower end and we will have to use something else to make up the difference.

There are two things I have in mind. Firstly, we have some money that we received as wedding gift. It is about 7,000 USD. If we put it in our savings account now and don't touch it for the entire year will it be eligible to count towards the income requirements? (at a 1/3 rate of course, lets say she makes 17,000 and we have 7000 in savings)

Secondly I thought that I could apply for OPT and find a part time job, I could easily make about 6,000 USD during the year working part time. Would i be able to add this income towards her income in satisfying the income requirement IF i provide clear letter from the employer that the employment will continue after my AOS and is not limited by time? We will fill taxes jointly.

I know that the easiest way would be to get a joint sponsor, but unfortunately we do not have anyone we could use for this so this option is off the table. I know we cannot apply this year due to our inability to satisfy the affidavit now, but we want to plan as much as possible for a scenario she does not make enough money during the current year so we can still apply next spring.

Thank you for any Advice!

[Ryan H 3,855]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum. Duplicate thread removed.

[Zedayn 486]

Any money in savings can be used as an asset if the income is not enough. And yes you can add your income to your wife's income (provided you can prove that your income will continue into the future and you live together). You will just file Form I-864A to combine your income with hers.