Using intending immigrant's income (OPT)

[kssc0112 0]

Hi Everyone,

 

My wife (F1, OPT) and I (USC) are currently working on her AOS (i-130, i-485, i-864, i765). We currently having a problem with i-864 because we could not find someone to be a joint sponsor.

 

My income history (USC, a student graduating in March):

2015 - 0 income (was filed as a dependent)

2016 - $5000

2017 - $40000

Current individual annual income (as of 01/30/2017) - $15000

and accepted employment with a start date in April 2018 (with a salary well above federal poverty guideline)

 

My wife's income history (F1, on OPT with expiration on July 2018):

2015 - 0

2016 - 0

 

She started working September 2017

2017 - $10000

Currently individual annual income - $40000

 

We will be filing our 2017 taxes jointly very soon. We can get most recent paystubs, and her employer can write a letter to "show that his or her income will continue from the same source after acquisition of lawful permanent residence," to fulfill the requirement. I have offer letter confirming my employment with start date of April with salary information (although this doesn't really matter since future employment doesn't really count).

 

Since my current income is below the poverty guide I need to combine her income, if I do so, it seems to meet all the requirements. Would her EAD end-date in 5 months cause a problem? I will be employed in April and will not be needing to combine her income then, but we just want to file it ASAP. 

 

Please let me know if you see potential obstacles, suggestions, and etc...Does anyone had a similar situation with their AOS process and share the experience? 

 

Thank you very much for your time!!!

[azblk 338]

For you to use intending immigrants income to help satisfy - your must live in same household, income must be from a legal source and will continue even after the immigrant receives a green card.

Since your wife's EAD expires in 5 months then it would seem you can not use her income but we are not talking about 5 months in the future but current income.

1.What you need to do is start the process by filing with both your incomes.

2.Make sure you apply for a new EAD/AP based on your marriage - hopefully you get it approved before OPT expires.

3. By the time you get an interview or receive an RFE for i-864 you will have your new job/income and you end or bring an updated i-864.