Opt student adjusting status with a question regarding the i-864

[justb 0]

Hello!

In an effort to be clear and concise. Here are the facts:

1. F-1 Student in OPT (Public Administration degree).

2. Currently volunteering with an organization related to my field.

3. I also just started working in a field that is somewhat related to what I studied, but it could also be perceived as not.

4. My wife and I filed for my adjustment of status, before I began working, using a family member as a Joint Sponsor.

5. There are some issues (RFE) with my joint sponsor's available documents to proof income (but it can be fixed).

6. The meat of my question is: If my wife files the i-864 again, with my income included (above the 125% FPL), would the immigration officials (a)make an initial determination that my income is not admissible, as I am working in an unrelated field to my OPT or (b) Because I have Employment Authorization Document, not make a big deal out of it, and the i-864 and everything is all happy and merry.

Note 1: I've considered a lawyer, but I believe this is a question in itself a lawyer may have confusion about, so input from other is highly appreciated.

Note 2: If I wait for the joint sponsor to get all appropriate document ready, I am very certain his income would clear the requirements, again, at the cost that the process might take more time to be completed.

Thank you for your advice.

[Pitaya 2,576]

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

~Adjusting from student visa~

[NancyNguyen 1,657]

If you can't prove your OPT job will last for a long time (income will come same source after you receive GC) you will end up with another RFE. So you best choice is to gather joint sponsor supporting documents to response your RFE. Good luck.

[justb 0]

Thanks Pitaya and Nancy.

Nancy: I can prove that it will last past the residency (one of the main reasons for getting this job, is that it is one or two steps away from my desired position).

Though I will definitely keep that in mind. It is important.

But, going back to my real concern, whether at the time of checking my wife's i864 with my income, the specialists would say that I am out of status thus the income is considered inadmissible.

[NancyNguyen 1,657]

Thanks Pitaya and Nancy.

Nancy: I can prove that it will last past the residency (one of the main reasons for getting this job, is that it is one or two steps away from my desired position).

Though I will definitely keep that in mind. It is important.

But, going back to my real concern, whether at the time of checking my wife's i864 with my income, the specialists would say that I am out of status thus the income is considered inadmissible.

You said you are in OPT now, so why out of status? That's what I meant earlier, if you can't prove your job is related to your field or legal and it will last long enough to cover you (not simply past your GC), you can't use your income to add up on your wife's i864.