Can F1 student(intending immigrant)'s income be used in I-864?

[Sug7 0]

Can F1 student(intending immigrant)'s income be used in I-864?

Thanks,

Sug

[Heliosphan 1]

Can F1 student(intending immigrant)'s income be used in I-864?

Thanks,

Sug

Yes

BUT there's a tricky part. If you're on OPT and have an EAD then you can use that income.

If you're working on campus as an F1 student you technically are no longer on F1 status once you file for AOS. So you really shouldn't be working until you get your EAD. Not sure if they'll allow that income to be counted.

But it's so weird that who knows. I used my EAD income from OPT. Haven't gotten an RFE yet.

Edited July 28, 2008 by Heliosphan

[Sug7 0]

Can F1 student(intending immigrant)'s income be used in I-864?

Thanks,

Sug

Yes

BUT there's a tricky part. If you're on OPT and have an EAD then you can use that income.

If you're working on campus as an F1 student you technically are no longer on F1 status once you file for AOS. So you really shouldn't be working until you get your EAD. Not sure if they'll allow that income to be counted.

But it's so weird that who knows. I used my EAD income from OPT. Haven't gotten an RFE yet.

I am an F1 PhD student. I work as Research Assistant on F1 VISA. I have been employed by Engineering School for last 4 1/2 years.

Edited July 28, 2008 by Sug7

[Heliosphan 1]

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

[Heliosphan 1]

Oh here we go. If your income is going to continue from the same source after you become a Permanent Resident and you're the spouse you can use it. So yeah go ahead and put it down.

[Sug7 0]

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

[Heliosphan 1]

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

[Sug7 0]

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

http://www.visajourney.com/forums/index.ph...p;#entry2053236

[Heliosphan 1]

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

http://www.visajourney.com/forums/index.ph...p;#entry2053236

What did the RFE say then?

[Sug7 0]

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

http://www.visajourney.com/forums/index.ph...p;#entry2053236

What did the RFE say then?

earlier posts by my wife:

I filed for my husband’s (an F1 student) adjustment of status (I-485) on May 8th, 2008. Since I do not have any income presently, I had my dad fill out an I-864A for Affidavit of Support (besides filling out an I-864 myself). I should have had him fill out an I-864 as a Joint Sponsor, not an I-864A since that is for the household members and his address is different than ours. So, we received an RFE (request for initial evidence) dated 06/27/2008, stating:

1) The petitioner/sponsor on Form I-864, Affidavit of Support has not signed Form I-864A, Contract between Sponsor and Household Member,

In order to process your application further, the petitioner/sponsor needs o sign and return the enclosed page(s) of Form I-864A

2) The Household member on Form I-864A, Contract between Sponsor and Household Member provided a different address from the petitioner/sponsor on Form I-864, Affidavit of Support and/or is not listed as a dependent on the petitioner/sponsors Federal income tax return.

In order to process your application further, submit evidence that the household member listed on form I-864A, lives at the same address as the petitioner/sponsor or was listed as a dependent on the petitioner/sponsor’s Federal income tax return.

3) Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% of the federal poverty line for the petitioner/sponsor’s household size

In order to process your application further, obtain a joint sponsor or submit evidence of assets that meet the federal poverty line.

In response to the above RFE, we submitted an I-864 filled by my father as a JOINT SPONSOR. His income is around $50,000/yr. I think that is well above the poverty line. Also, we included our husband’s bank statement for the last 12 months showing a balance of above $20,000.

But we received another RFE (request for initial evidence) dated 07/21/2008, stating:

1) The petitioner/sponsor indicates on Form I-864, Affidavit of Support, the qualifying household members’ income will be used for the petitioner/sponsor’s income to meet 125% of the poverty line. The petitioner/sponsor failed to submit one or more Form(s) I-864A, for household members whose income is being used to meet the poverty line.

In order to process your application further, the petitioner/sponsor needs to submit a completed and signed I-864A, for all household members whose income is being used.

The have also hand written my mother’s name on the sheet (right below the above sentence) indicating that she should fill out an I-864A. It doesn’t make any sense. My mother is a housewife and she can’t be a household member because her address is different than mine. I don’t know what exactly do they want from me? Can somebody please guide me in the right direction? Your help will be very much appreciated.

Thank You,

[Heliosphan 1]

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

Hmmmm see that's tricky. I say include it, the worse that could happen is you get an RFE for more information. But technically it's legally earned income.

I'm an incoming PhD student this semester (but with no EAD card yet). Most people say you give up your F1 status when you apply for AOS but the school always requires you maintain it and the advisors say if the AOS doesn't work out you could stay on F1. It's really just a gray area. Most lawyers themselves don't have a definitive answer.

I have a constant income of 20K per year. And I got RFE for not sufficient funds..

when did you file for AOS? and what did the RFE say exactly? Did you file your taxes and paystubs?

I included my bank statement showing balance of 25 K, pay stub showing 1667 /month and federal tax returns of last three years.

http://www.visajourney.com/forums/index.ph...p;#entry2053236

What did the RFE say then?

earlier posts by my wife:

I filed for my husband’s (an F1 student) adjustment of status (I-485) on May 8th, 2008. Since I do not have any income presently, I had my dad fill out an I-864A for Affidavit of Support (besides filling out an I-864 myself). I should have had him fill out an I-864 as a Joint Sponsor, not an I-864A since that is for the household members and his address is different than ours. So, we received an RFE (request for initial evidence) dated 06/27/2008, stating:

1) The petitioner/sponsor on Form I-864, Affidavit of Support has not signed Form I-864A, Contract between Sponsor and Household Member,

In order to process your application further, the petitioner/sponsor needs o sign and return the enclosed page(s) of Form I-864A

2) The Household member on Form I-864A, Contract between Sponsor and Household Member provided a different address from the petitioner/sponsor on Form I-864, Affidavit of Support and/or is not listed as a dependent on the petitioner/sponsors Federal income tax return.

In order to process your application further, submit evidence that the household member listed on form I-864A, lives at the same address as the petitioner/sponsor or was listed as a dependent on the petitioner/sponsor’s Federal income tax return.

3) Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% of the federal poverty line for the petitioner/sponsor’s household size

In order to process your application further, obtain a joint sponsor or submit evidence of assets that meet the federal poverty line.

In response to the above RFE, we submitted an I-864 filled by my father as a JOINT SPONSOR. His income is around $50,000/yr. I think that is well above the poverty line. Also, we included our husband’s bank statement for the last 12 months showing a balance of above $20,000.

But we received another RFE (request for initial evidence) dated 07/21/2008, stating:

1) The petitioner/sponsor indicates on Form I-864, Affidavit of Support, the qualifying household members’ income will be used for the petitioner/sponsor’s income to meet 125% of the poverty line. The petitioner/sponsor failed to submit one or more Form(s) I-864A, for household members whose income is being used to meet the poverty line.

In order to process your application further, the petitioner/sponsor needs to submit a completed and signed I-864A, for all household members whose income is being used.

The have also hand written my mother’s name on the sheet (right below the above sentence) indicating that she should fill out an I-864A. It doesn’t make any sense. My mother is a housewife and she can’t be a household member because her address is different than mine. I don’t know what exactly do they want from me? Can somebody please guide me in the right direction? Your help will be very much appreciated.

Thank You,

Okay I just read all the information, now I get what you're saying.

When you file an I-864 with your wife, did you check that part that said your income would be included?

Here's my advice:

1. Send an I-864 from you and your wife. Check the part that says your income is going to be included, put how much the income is. (forget your assets in the bank, they want to see a constant stream of income coming in). Resubmit your tax documents and pay stubs. You don't need to fill out an I-864 yourself, you can be included on hers, just make sure she signs it.

2. Have her dad fill out and I-864 as a joint sponsor and make sure the mom fills another one out too since she's a joint sponsor on his return (even though she doesn't work.

3. Put in a cover letter stating what's in this package. In addition write a short letter explaining what you submitted and why it covers the poverty guidelines and put that in the front of the package.

You income CAN be included since it's legal, you're her spouse and the income is going to come from the same source after you become a permanent resident.

Don't fill out any I-864A forms. That's only if someone else lives with you in the same household.

Edited July 28, 2008 by Heliosphan

[Sug7 0]

Thanks..

God bless..

Sug

[Heliosphan 1]

good luck!

question though, did you receive you NOAs on May 8 or did you submit the AOS then.

You didn't fill in a time line.

[Sug7 0]

good luck!

question though, did you receive you NOAs on May 8 or did you submit the AOS then.

You didn't fill in a time line.

i sent my package on 04-29-2008.

i received all NOAs.

Then I receiveed RFEs dated 6/27/08 and 7/21/.08

[Heliosphan 1]

good luck!

question though, did you receive you NOAs on May 8 or did you submit the AOS then.

You didn't fill in a time line.

i sent my package on 04-29-2008.

i received all NOAs.

Then I receiveed RFEs dated 6/27/08 and 7/21/.08

Oh okay, thanks!

Fill in your timeline if you get a chance, it'll help us figure out where in the process you are.