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Filed: F-1 Visa Country: India
Timeline
Posted

Hi

My wife is applying for my GC. She just became US Citizen and I am a working and studying(weekend classes). I am working on CPT (Curriculum Practical Training). I earn more than 125% of poverty guidelines (more than 3 times of 125% for that matter, which I read some where that income should be at least 3 times of 125% of poverty guideline).

Now here's where I need some advice. My wife is going to file I-130 and she has to file I-864 (Affidavit of support) also. She doesn't work right now. Can I sponsor myself along with her (her's as a zero income)? I have the offer letter(Full Time 40 Hours) for my current job and I can also get a letter from my employer stating that I am Full Time and my pay and all stuff. Am I, being on CPT, eligible to sponsor myself?

If not then can any of my friend (on H1) sponsor me?

Thanks a lot

Nik

06/03/2011 - got married in Kew Gardens NY court (me, her and her Uncle-Aunt)

10/24/2011 - Mailed out via Next Day USPS

10/25/2011 - Delivered

10/28/2011 - Emails received and can view case status online

10/31/2011 - Checks cashed, and last updated date online

10/31/2011 - Hard copy NOA1 received

11/04/2011 - Biometric notification received for 11/25

11/07/2011 - Walk in Bio completed

11/10/2011 - got RFE for I-485 (specific to I-864, they got confused because I sponsored myself while working and studying on CPT)

11/18/2011 - InfoPass appointment to make sure CPT stuff for RFE is alright (in RFE is said "I was working illegally", scared me to death)

11/30/2011 - Sent RFE response to USCIS (sent explanation about how CPT works and also sent additional I-864 of a GC friend)

12/02/2011 - got email saying RFE response received by USCIS

12/19/2011 - got email saying Interview Notice for 01/20/2012 sent

12/20/2011 - Interview notice for 01/20

12/22/2011 - EAD card production ordered email

Posted

Your income can be used to qualify for the I-864 if you can show it will continue from the same source after you get the GC. If that's not the case, you will need a co-sponsor who is a USC or a LPR, not a visa holder.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: F-1 Visa Country: India
Timeline
Posted

Your income can be used to qualify for the I-864 if you can show it will continue from the same source after you get the GC. If that's not the case, you will need a co-sponsor who is a USC or a LPR, not a visa holder.

Thanks Harpa for your quick response.

So how do I prove that the income will come from the same source? Would an offer letter be enough? Being on CPT doesn't make me ineligible right?

Thanks

06/03/2011 - got married in Kew Gardens NY court (me, her and her Uncle-Aunt)

10/24/2011 - Mailed out via Next Day USPS

10/25/2011 - Delivered

10/28/2011 - Emails received and can view case status online

10/31/2011 - Checks cashed, and last updated date online

10/31/2011 - Hard copy NOA1 received

11/04/2011 - Biometric notification received for 11/25

11/07/2011 - Walk in Bio completed

11/10/2011 - got RFE for I-485 (specific to I-864, they got confused because I sponsored myself while working and studying on CPT)

11/18/2011 - InfoPass appointment to make sure CPT stuff for RFE is alright (in RFE is said "I was working illegally", scared me to death)

11/30/2011 - Sent RFE response to USCIS (sent explanation about how CPT works and also sent additional I-864 of a GC friend)

12/02/2011 - got email saying RFE response received by USCIS

12/19/2011 - got email saying Interview Notice for 01/20/2012 sent

12/20/2011 - Interview notice for 01/20

12/22/2011 - EAD card production ordered email

Filed: F-1 Visa Country: India
Timeline
Posted

Pleas guide me if anyone has any idea or have been in the same situation.

Thanks

06/03/2011 - got married in Kew Gardens NY court (me, her and her Uncle-Aunt)

10/24/2011 - Mailed out via Next Day USPS

10/25/2011 - Delivered

10/28/2011 - Emails received and can view case status online

10/31/2011 - Checks cashed, and last updated date online

10/31/2011 - Hard copy NOA1 received

11/04/2011 - Biometric notification received for 11/25

11/07/2011 - Walk in Bio completed

11/10/2011 - got RFE for I-485 (specific to I-864, they got confused because I sponsored myself while working and studying on CPT)

11/18/2011 - InfoPass appointment to make sure CPT stuff for RFE is alright (in RFE is said "I was working illegally", scared me to death)

11/30/2011 - Sent RFE response to USCIS (sent explanation about how CPT works and also sent additional I-864 of a GC friend)

12/02/2011 - got email saying RFE response received by USCIS

12/19/2011 - got email saying Interview Notice for 01/20/2012 sent

12/20/2011 - Interview notice for 01/20

12/22/2011 - EAD card production ordered email

Posted

In your letter of employment, the employer could include a statement that they would keep you on the payroll if your work authorization would be extended. And it's called OPT, not CPT. Being on OPT doesn't make you ineligible per se, but if your employer is planning on letting you go after your scheduled year, then you can't use your employment to qualify.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: F-1 Visa Country: India
Timeline
Posted

In your letter of employment, the employer could include a statement that they would keep you on the payroll if your work authorization would be extended. And it's called OPT, not CPT. Being on OPT doesn't make you ineligible per se, but if your employer is planning on letting you go after your scheduled year, then you can't use your employment to qualify.

Thanks Harpa for the help.

And it is CPT not OPT. These are two different things. CPT is usually the internship while you study, internship can be Full Time or Part Time, whereas OPT is the work authorization after you graduate from the college. If you are on OPT you get EAD but on CPT you just have your internship job endorsed in the I-20.

So if I get the letter from the employer saying if I get my GC EAD then he is willing to extend my job then it should be good right?

Thanks

06/03/2011 - got married in Kew Gardens NY court (me, her and her Uncle-Aunt)

10/24/2011 - Mailed out via Next Day USPS

10/25/2011 - Delivered

10/28/2011 - Emails received and can view case status online

10/31/2011 - Checks cashed, and last updated date online

10/31/2011 - Hard copy NOA1 received

11/04/2011 - Biometric notification received for 11/25

11/07/2011 - Walk in Bio completed

11/10/2011 - got RFE for I-485 (specific to I-864, they got confused because I sponsored myself while working and studying on CPT)

11/18/2011 - InfoPass appointment to make sure CPT stuff for RFE is alright (in RFE is said "I was working illegally", scared me to death)

11/30/2011 - Sent RFE response to USCIS (sent explanation about how CPT works and also sent additional I-864 of a GC friend)

12/02/2011 - got email saying RFE response received by USCIS

12/19/2011 - got email saying Interview Notice for 01/20/2012 sent

12/20/2011 - Interview notice for 01/20

12/22/2011 - EAD card production ordered email

Filed: F-1 Visa Country: India
Timeline
Posted

Ahh all right, sorry for correcting you when I was wrong.

Yes, that should suffice.

Thanks Harpa for the help. I really appreciate it.

06/03/2011 - got married in Kew Gardens NY court (me, her and her Uncle-Aunt)

10/24/2011 - Mailed out via Next Day USPS

10/25/2011 - Delivered

10/28/2011 - Emails received and can view case status online

10/31/2011 - Checks cashed, and last updated date online

10/31/2011 - Hard copy NOA1 received

11/04/2011 - Biometric notification received for 11/25

11/07/2011 - Walk in Bio completed

11/10/2011 - got RFE for I-485 (specific to I-864, they got confused because I sponsored myself while working and studying on CPT)

11/18/2011 - InfoPass appointment to make sure CPT stuff for RFE is alright (in RFE is said "I was working illegally", scared me to death)

11/30/2011 - Sent RFE response to USCIS (sent explanation about how CPT works and also sent additional I-864 of a GC friend)

12/02/2011 - got email saying RFE response received by USCIS

12/19/2011 - got email saying Interview Notice for 01/20/2012 sent

12/20/2011 - Interview notice for 01/20

12/22/2011 - EAD card production ordered email

 
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